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Patna High CourtCR. MISC./75740/2018bail granted

Amrit Kumar @ Dipak Kumar v. The State Of Bihar

2018-12-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75740 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Amrit Kumar @ Dipak Kumar, son of Nunu Lal Paswan, resident of Mohalla Paswan Tola, Banmankhi, P.S. Banmankhi, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2018 Heard both sides.

The petitioner seeks bail in Banmankhi P.S. Case No.138 of 2018 registered under Sections 376, 313, 504 and 506 of the Indian Penal Code.

The victim girl alleged that she and the petitioner were studying in a college and they developed love affairs but the petitioner established physical relation on the assurance of solemnizing marriage with the informant. The informant became pregnant. It is alleged that petitioner got her aborted and declined to marry with the informant.

The learned counsel for the petitioner submits that victim is a major girl and she is a consenting party. The victim made her statement under Section 164 Cr.P.C. and also filed petition in the Court for compromise of the case.

Patna High Court Cr.Misc. No.75740 of 2018(2) dt.18-12-2018 2/2 From perusal of the F.I.R. itself, it appears that victim is a major girl and she allowed the petitioner to have physical relation with her.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Purnea in connection with Banmankhi P.S. Case No.138 of 2018.

(Prabhat Kumar Jha, J) Saurabh/- U T