Shivnath Prasad @ Basath v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29124 of 2017 Arising Out of Case No. -337 Year- 2016 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Shivnath Prasad @ Basath, Son of Late Bhushan Raout, Anusevak, Bhabishya Nidhi office, Madhepura, Resident of 146 Arfabad Pitambar Mandir Coloney, Gur ki Mandi, Sampatchak, P.S.- Alamganj, DistrictPatna-800007. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baby Kumari , W/o Sunit Kumar, Resident of Daniyawah, P.S.- Telhara, District- Nalanda, presently Residing at C/o Binay Kumar (House Owner), Musashri Tola, Station Road, P.S.& District- Madhepkura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 337 of 2016 instituted under Sections 376 and 406 of the Indian Penal Code.

The allegation, in brief, is that the petitioner and the complainant got acquainted while travelling together and thereafter they were on visiting terms and it is alleged that the petitioner took Rs. 63,000/- from the complainant to get promoted and also established sexual relationship.

It is submitted that infact complainant had taken loan

Patna High Court Cr.Misc. No.29124 of 2017 (3) dt.13-07-2017 2/2 of Rs. 70,000/- from the petitioner for treatment of her husband and when money was demanded then this false case was lodged against the petitioner and his wife and in the order taking cognizance dated 09.01.2017, the learned Magistrate has also observed that inquiry witnesses have not directly supported the fact.

Having considered the aforesaid facts and circumstances, let the petitioner, namely, Shivnath Prasad @ Basath, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-II, Madhepura in connection with Complaint Case No. 337 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U