Sudhir Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45761 of 2018 Arising Out of PS. Case No.-716 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Sudhir Kumar S/o Buchiya Mahto, R/o Vill.- Barahpur, P.S.- Town, DistrictAurangabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kajal Kumari D/o Akhilesh Mahto, R/o Mohalla- Karma Road, Bijali Office, P.S.- Town, District- Aurangabad.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint case no. 716 of 2017 instituted for the offence under Section(s) 376/511 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that complainant herself has filed the complaint petition alleging that petitioner was establishing physical relationship with her for several times on the pretext of performing marriage. It is further alleged that ultimately he was not ready to perform marriage. In the complaint petition, complainant has stated her age to be 18 years. As per compliant petition, it appears that even if allegation is taken as correct then physical relationship was established with consent of

Patna High Court Cr.Misc. No.45761 of 2018(2) dt.13-08-2018 2/2 informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with complaint case no. Complaint case no. 716 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T