Bachu Prasad @ Netajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31146 of 2020 Arising Out of PS. Case No.-82 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== BACHU PRASAD @ NETAJEE S/o Sheo Nandan Mahto Resident of Mehta Market Wazirganj, P.S.-Wazirganj, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. The informant is aged about 28 years. She alleges that the petitioner's wife is already dead and petitioner had allured her for marriage and on that pretext petitioner established physical relation with her. Later on petitioner refused to marry with her. The statement under Section 164 Cr.P.C. of the informant reveals that she was forcefully raped by the petitioner. The petitioner is in custody since 15.02.2020. The petitioner has got no criminal antecedent. The material available on the record reveals that the victim was a consenting party and was mature enough to take

Patna High Court CR. MISC. No.31146 of 2020(3) dt.30-01-2021 2/2 decision of her future.

Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Wazirganj P.S. Case No.82 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T