Mantosh Kumar @ Dolly v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21010 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Mantosh Kumar @ Dolly Son of Sundar Paswan, Resident of Village - Baikatpur, Rohan Tola, P.S.- Khusuroopur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2020 Heard Mr. Chandra Shekhar Anand, counsel for the petitioner and Mr. Nawal Kishore Prasad through Video Conferencing.

In this case, the petitioner is seeking anticipatory bail in connection with Patna Mahila P.S. Case No. 44 of 2019 registered for offence punishable under sections 376 and 420 of the Indian Penal Code.

It has been alleged in the FIR that the petitioner on the pretext of entering into marriage exploited the victim sexually and later on he has retracted from his commitment. Learned counsel for the petitioner submits that both have entered into marriage which is apparent from Annexure-2 series.

In such view of the matter, the petitioner is granted

Patna High Court CR. MISC. No.21010 of 2020(2) dt.23-07-2020 2/2 provisional bail and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on provisional bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Patna in connection with Patna Mahila P.S. Case No. 44 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The court below is directed to verify the correctness of the statement of the petitioner and if it is found that they have entered into marriage, the provisional bail of the petitioner would be confirmed, but if it is found to be otherwise then the provisional bail granted to the petitioner will be treated to have been withdrawn.

(Shivaji Pandey, J) Mahesh/- U T