Rajnikant @ Rajnikant Payarelal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50450 of 2016 Arising Out of PS.Case No. -717 Year- 2014 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================
1. Rajnikant @ Rajnikant Payarelal son of Ramakant Prasad resident of Village- Thana Bigha, P.S.- Ghosi Jehanabad, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mamta Kumari daughter of Sri Rajkumar Prasad resident of VillageModanganj, P.S.- Ghosi (Jehanabad) District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is apprehending his arrest in a case registered for offences punishable under Section 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that initially the present Complaint Case has been lodged under Section 376 and other Sections of the I.P.C. against the petitioner but after enquiry, learned Magistrate has taken cognizance only under Section 354. Learned counsel for the petitioner further submitted that complainant and petitioner established physical relationship out of their own sweet will and the complainant only to put pressure on the petitioner to marry her, has falsely filed the
Patna High Court Cr.Misc. No.50450 of 2016 (2) dt.19-12-2016 2/2 present case.
Heard learned A.P.P. also.
Considering the facts and circumstances of the case and the submissions as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period six weeks, 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 Sri Chandan Kumar learned Judicial Magistrate-1st Class, Jehanabad, in connection with Complaint Case No. 717(C) of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunil/- U T