Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24810 of 2019 Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA PS District- Gaya ====================================================== Shailesh Kumar, S/o Shri Sanjay Paswan @ Sanjai Kumar, Resident of Barki Delha, Vijay Bigha, P.S.- Delha, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudha Chandra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2019 This is an application for grant of anticipatory bail in connection with Mahila (Gaya) P.S. Case No. 22 of 2018 disclosing offences under Sections 376, 504, 34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Allegation as per the F.I.R. is that petitioner had physical relationship with the informant on the pretext of marriage and thereafter, he refused to marry her and also threatening the informant.

Submission of the learned counsel for the petitioner is that F.I.R. itself shows that there was love affair between the parties and the girl was 19 years of age and the F.I.R. further shows that the sexual relationship was with consent of the informant. It has further been submitted that during the investigation, DSP does not support the prosecution case.

Patna High Court CR. MISC. No.24810 of 2019(4) dt.25-06-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who opposed the prayer for bail. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya, in connection with Mahila (Gaya) P.S. Case No. 22 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T