Indra Kishor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34454 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Indra Kishor Kumar S/o Sri Satyanarayan Das R/o vill - Rajni, Prasadi Chowk,ward no. 13, 07, P.S-Murliganj, Dis-Madhepura ....... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad , Advocate Mr. Manoj Kumar , Advocate Mr. Pooja Prasad , Advocate For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 376, 504, 506 and 34 of the Indian Penal Code .
3. As per the prosecution case, on the false pretext of marriage, this petitioner established physical relation with the informant.
4. The learned counsel for the petitioner submits that from F.I.R itself, it is apparent that the time when the relationship developed between both parties, the informant was major. Both of them enjoyed each other's company and indulged in sexual acts for more than five years, and the same cannot be said to be induced or involuntary.
Patna High Court CR. MISC. No.34454 of 2024(2) dt.23-05-2024 2/2 The victim, in her statement recorded under Section 164 Cr. P. C., stated that the relationship between the parties continued for five years. The age of the victim is assessed to be 22 years. No recent sign of sexual intercourse has been found by the doctor. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the statement of the victim recorded under Section 164 Cr. P . C . , clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Madhepura in connection with Murliganj P.S. case No. 481 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T