Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20101 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Gautam Yadav S/o Chandrika Yadav R/o Village - Bhatahwan, P.S. - Thakaraha, District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Thakaraha P.S. Case No. 08 of 2017 for the offence punishable under section 376 of the I.P.C.

Allegedly, the petitioner after giving assurance to marry with the informant developed physical relationship. The informant is the mother of three children and her husband lives out side. On 03.01.2017 also the petitioner tried to develop physical relationship but she fled away and told the matter to the husband and thereafter on 13.01.2017 at the police station application was

Patna High Court Cr.Misc. No.20101 of 2017 (3) dt.04-07-2017 2/2 filed.

Submission is of false implication and that as alleged no offence under section 376 of the I.P.C. is made out, this case is out and out false, the petitioner has lodged informatory petition no. 19 of 2017 on 06.01.2017 itself and copy of which was sent to the Officer Incharge and thereafter on getting the knowledge of that application the informant filed this false case and as such the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the petitioner developed physical relationship after giving assurance to the informant to marry with her.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Bagaha, West Champaran in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T