Ajeet Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24881 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- SARSI District- Purnia ====================================================== Ajeet Tudu SON OF LATE BABULAL TUDU RESIDENT OF VILLAGEKURAHA, BAS TOLA, JIAYANGANJ, WARD NO. 01, PS- SARSI, DISTPURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

MAMTA KUMARI DAUGHTER OF MANJU HASADA VILLAGEKURAHA, BAS TOLA, WARD NO. 1, JIYANGANJ, PS- SARASI, DISTPURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Arvind Kumar, Adv.

Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sarsi P.S. Case No. 155 of 2023, registered for the offences punishable under Sections 376, 379, 504, read with 34 of the IPC.

3. As per allegation, at the pretext of marriage, the petitioner enticed away the informant and made physical relation with her.

4. The learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that the victim and the petitioner both are major. The victim, in her statement recorded under Section 164 of the

Patna High Court CR. MISC. No.24881 of 2024(5) dt.11-09-2024 2/2 Cr.P.C., has stated that she had love and affection with the petitioner. There was physical relation between them for two years. The petitioner is under custody since 18.01.2024.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner had sexual relations with the victim at the pretext of marriage.

6. The victim is a major. She, in her statement recorded under Section 164 of the Cr.P.C., has stated categorically stated that there was love and affection between the petitioner and herself.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sarsi P.S. Case No. 155 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T