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Patna High CourtCR. MISC./21834/2017allowed

Ashish Kumar And ANR v. The State Of Bihar

2017-07-13Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21834 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -KODHA District- KATIHAR ======================================================

1. Ashish Kumar, Son of Kannu Yadav.

2. Bauni Devi @ Bimi Devi, wife of Kannu Yadav. All are resident of Village- Jurabganj, Police Station- Korha, DistrictKatihar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence under Sections 376 and 315 of the Indian Penal Code.

The petitioner no.1 is son of petitioner no.2. The complainant alleged that petitioner no.1 raped her, on account of which she conceived and thereafter the accused persons aborted her child by administering some medicine. By referring to Annexures- 4 and 5, learned counsel for the petitioners submits that compromise has been arrived at between the parties and in fact the complainant is now married to the petitioner and is living like husband and wife.

Patna High Court Cr.Misc. No.21834 of 2017 (3) dt.13-07-2017 2/2 In view of the aforesaid submissions, in the event of arrest or surrender before the court below within four weeks from today the petitioners, above named, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S. case no. 146 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T