Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36558 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- BIHTA District- Patna ====================================================== Rahul Kumar, S/o Munmun Paswan, resident of Dilwarpur, P.S.- Bihta, District- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shaishav Kumar, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Bihta P.S. Case No.231 of 2018, registered for the offence punishable under Sections 312 and 376 of the Indian Penal Code.
Allegation has been made that on the assurance of marriage the petitioner has entered into the physical relationship with the victim and continued for two years, she conceived a child and she got aborted. When she approached for marriage, the petitioner refused to entered into the marriage. Looking to the entire facts and circumstances of the case and also considering the fact that relationship continued for two years without her objection, let the petitioner, namely,
Patna High Court Cr.Misc. No.36558 of 2018(2) dt.29-06-2018 2/2 Rahul Kumar, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-I, Danapur, in connection with Bihta P.S. Case no.231 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) pawan/- U T