Patna High CourtCR. MISC./30115/2023allowed

Barun Dev Das v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30115 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- KARTAHA District- Vaishali ====================================================== BARUN DEV DAS son of Ravindra Prasad Das @ Rabindra Prasad Das Village- Rampur Ratnakar Sarsai Ps- Sarai Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 376, 415, 323, 506 of the Indian Penal Code.

3. As per allegation in the FIR, on the pretext of marriage, petitioner has established physical relationship with the informant, who is mother of three children. Further they resided as husband and wife for two and a half years. It is further alleged that petitioner denied to perform marriage with the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is major and a wedded lady as well as mother of three children .

Patna High Court CR. MISC. No. 30115 of 2023(4) dt.13-09-2023 2/2 Petitioner has established consensual relationship with the informant, so no case under Section 376 IPC will attract against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 25.2.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Kartaha PS Case No. 09 of 2022.

(Sunil Kumar Panwar, J) sushma/- U