Santosh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1241 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Santosh Sahni S/o Kailash Sahni, R/o Village Bharat Nagar, P.S.-Gaighat Benibad O.P., District- Muzaffafpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 This is an application for grant of anticipatory bail in connection with Gaighat P.S. Case No. 127 of 2018, disclosing offences under Sections 341, 323, 376, 504, 506, 34 of the Indian Penal Code.
Allegation against the petitioner is that on the assurance of marriage, he has made physical relation with the informant and when she was went to the house of the petitioner, she was assaulted by him and his father.
Submission of learned counsel for the petitioner is that the informant herself is a married lady and even if the allegation is believed, it is clear that the informant is also a consenting party. Further, he has no criminal antecedent. Heard learned A.P.P. also.
Having heard both sides, considering the above
Patna High Court Cr.Misc. No.1241 of 2019(2) dt.18-01-2019 2/2 submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned A.C.J.M.-cum-Sub Judge, 16th, Muzaffarpur, in connection with Gaighat P.S. Case No. 127 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T