Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30231 of 2019 Arising Out of PS. Case No.-1059 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Gautam Kumar S/O Ramnarayan Prasad Resident of Village- Muzaffarpur, Near Khandhar, P.S.- Nalanda, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi W/O Late Jairam Kumar R/O Purvi Nandgola, P.S.- Malsalami, Distt.- Patna.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate.

Mr.Prakash Chandra Agrawal For the Opposite Party No. 2 : Mr.Anup Anand Jha, Adv.

For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Earlier prayer for anticipatory bail of the petitioner was rejected vide Annexure-1 to the application.

The petitioner apprehends arrest in a case registered under Sections 120B, 376, 406, 420 of the Indian Penal Code. Prosecution case in short is that the informant being a widow lady, was subjected to cruelty. It is also alleged that the petitioner entered the room of the informant and committed rape forcibly without her consent, as a result of which, she became pregnant.

Patna High Court CR. MISC. No.30231 of 2019(2) dt.17-07-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted.

Counsel for the petitioner and counsel for the informant are present. It is jointly submitted that the matter has been resolved between the parties and the same is evident from the order dated 05-04-2019 passed by learned Sessions Judge in ABP No. 2431 of 2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI/concerned court, Patna City, DistrictPatna in connection with Complaint Case No. 1059 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T