Kumar Madhukesh @ Kr. Madhukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35229 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Kumar Madhukesh @ Kr. Madhukesh Son Of Kumar Brajbhushan R/O Village And P.O.- Baghra, P.S.- Patori, District - Samastipur, Bihar - 848506. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Kumari Daughter of Munna Rai Gram- Mohanpur, Ward No.- 13, P.S.- Patori, District - Samastipur.

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr, Adv.

Mr. Vishal Vikram Rana, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Learned senior counsel for the petitioner has filed the supplementary affidavit today in Court.

2. Let it be kept on record.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

4. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376, 354C, 341, 504, 506 of the Indian Penal Code.

5. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned senior counsel for the petitioner further submits that the informant has solemnized her marriage with one person namely Pankaj Kumar as stated in para-3 of the

Patna High Court CR. MISC. No.35229 of 2023(3) dt.08-08-2023 2/2 supplementary affidavit. He also relied upon a judgment in the case of Ansaar Mohammad Vs. The State of Rajasthan & Anr. (Criminal Appeal No. 962 of 2022) wherein it is held that if the relationship is not working out, the same cannnot be a ground for lodging an FIR for the offence under Section 376(2) (n) of the IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 learned court below where the case is pending/successor court in connection with Samastipur Mahila P.S. Case No. 04 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T