Patna High CourtCR. MISC./20414/2019bail granted

Anil Yadav v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20414 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== ANIL YADAV Son of Late Shiv Bali Yadav Resident of Village - Araria R.S. Ward No. 04, P.S. and District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/34 of the Indian Penal Code.

Allegation against the petitioner is of committing rape upon the informant on the false pretext of marriage. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-12-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. As per FIR, the informant was having physical relationship with consent. Since the petitioner is going to solemnize marriage, the same is not

Patna High Court CR. MISC. No.20414 of 2019(2) dt.18-04-2019 2/2 accepted by the informant. Hence the present case has been lodged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Araria (Mahila) P.S. Case No. 28 of 2018.

(Sudhir Singh, J) A.K.V.//- U T