Patna High CourtCR. MISC./28733/2024bail granted

Saurav Kumar v. The State Of Bihar

2024-08-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28733 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Saurav Kumar Son of Bucho Yadav Resident of Village- Piparpanti, Police Station- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv. with Mr. Dilip Kumar, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 376 of the Indian Penal Code, registered in connection with Mahila P.S. Case No. 02 of 2023.

3. The allegation against the petitioner is of establishing physical relation with the informant on the false pretext of marriage.

4. The learned Senior counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. From reading of the FIR, it appears that there was consensual relationship between the parties and

Patna High Court CR. MISC. No.28733 of 2024(3) dt.13-08-2024 2/2 both the petitioner and the victim are major. Moreover, petitioner is a person of clean antecedent and he is in custody since 19.06.2023.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, period of custody as well as petitioner has clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Bhagalpur in connection with Mahila P.S. Case No. 02 of 2023, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T