Santosh Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32296 of 2019 Arising Out of PS. Case No.-1181 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== SANTOSH PAL, Son of Mangaru Pal, Resident of Village- Datauli, P.S.- Chenari, District- Rohtash.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sasaram Town P.S. Case No. 1181 of 2018 registered for the offences punishable under Sections 323, 341, 376 and 34 of the Indian Penal Code.
Allegation as per written report is that informant has strain relationship with her husband as he was some illicit relationship with another lady and taking advantage of the same her Bhagina, the petitioner came and in absence of her husband he started living with her and there was physical relationship between them and thereafter family members of the petitioner came and threatened her.
Submission of learned counsel for the petitioner is that FIR itself shows that she is a consenting party and furthermore the matter has been compromised between the
Patna High Court CR. MISC. No.32296 of 2019(2) dt.29-07-2019 2/2 parties and informant is mother of four children and she is aged about 32 years, which appears in the written report itself. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that it is a clear case of sexual exploitation of a lady.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram Town P.S. Case No. 1181 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T