Patna High CourtCR. MISC./41618/2021bail granted

Aman Kumar v. The State Of Bihar

2022-01-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41618 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== Aman Kumar S/O Arbind Kumar Mahto R/O Village-Chhourahi, P.SChhourahi (O.P), District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard the parties through video conferencing. The petitioner seeks bail in case registered for the offence punishable under Section 376 of the Indian Penal Code. As per the F.I.R., the victim was enticed the petitioner for the last one year and both became close friends and thereafter, on false assurance of marriage, this petitioner is alleged to have established physical relation with the informant. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. The victim was married with one Rajesh Shah and out of the wedlock, she has got one male child, but due to dispute, her conjugal life was broken. Thereafter, she wanted to marry with this petitioner and on refusal, this false case has been lodged. In the medical examination, the doctor has not found any recent sexual assault on the victim and assessed her age above 22 years. Petitioner is in custody since 05.02.2021.

Patna High Court CR. MISC. No.41618 of 2021(2) dt.17-01-2022 2/2 However, counsel for the informant has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Siwan Mahila P.S. Case No. 08 of 2021.

(Prabhat Kumar Singh, J) anay/- U T