Patna High CourtCR. MISC./30140/2017bail granted

Kanik Kumar v. The State Of Bihar

2017-07-06Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30140 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Kanik Kumar, Son of Bhumeshwar Rai, Resident of Village- Uda P.S.- Udakishungaj, Dist.- Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Bihariganj P. S. Case No. 59 of 2017 instituted under Sections 366 and 379 of the Indian Penal Code. The allegation, in brief, is that petitioner, on the pretext of illness of the husband of the informant, took her Madhepura Railway Station to go to Rajasthan, but there he asked for physical relationship but she refused so he threatened her and committed theft of Rs. 5000/-.

Learned counsel for the petitioner submits that this case has been lodged after delay of three days; moreover the informant was having extra marital relationship with the petitioner, which is evident from her statement recorded under

Patna High Court Cr.Misc. No.30140 of 2017 (2) dt.06-07-2017 2/2 Section 164 Cr.P.C. as she used to go with the petitioner on regular basis.

Having considered the aforesaid facts and circumstances, especially the statement of the informant recorded under Section 164 Cr.P.C., the petitioner namely Kanik Kumar, 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 S.D.J.M, Udakishunganj, Madhepura in connection with Bihariganj P.S.Case No. 59 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U