Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46666 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -MAHILA PS District- KATIHAR ====================================================== Avinash Kumar Son of Sandeep Kumar Mandal Resident of Village - Gopalpatti, Police Station - Falka, District - Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Katihar Sadar Mahila P.S. Case No. 36 of 2017 registered under Sections 376 and 323/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that the victim in her statement recorded under Section 164 Cr. P.C. specifically stated that due to refusal of marriage, she lodged this case against the petitioner. Further submission is that on perusal of Medical Report, it appears that the victim is major and no injury was found on her private or external part of her body and no sign of rape was found.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the

Patna High Court Cr.Misc. No.46666 of 2017 (2) dt.17-10-2017 2/2 event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Katihar in connection with Katihar Sadar Mahila P.S. Case No. 36 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T