Patna High CourtCR. MISC./36479/2019bail granted

Nishant Kumar Rai @ Nishikant Kr. Rai v. The State Of Bihar

2019-07-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36479 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- MANJHI District- Saran ====================================================== NISHANT KUMAR RAI @ NISHIKANT KR. RAI Son of Ramashankar Rai Resident of Village- Shankar Dih, Police Station- Jalalpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 77/2019, arising out of Manjhi P.S. Case No. 07/2018, instituted for offence under Section(s) 420, 406, 376/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that victim has given statement under Section 164 Cr.P.C., wherein she has stated that petitioner had established physical relation with her on the pretext of marriage and she became pregnant. She wants to perform marriage with petitioner, but family members of petitioner are not ready for this. Therefore, the instant case has been lodged.

From the statement of victim recorded under Section

Patna High Court CR. MISC. No.36479 of 2019(3) dt.24-07-2019 2/2 164 Cr.P.C., it appears that physical relationship was established with informant with her consent.

Petitioner is in custody since 19.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned 1st Addl. Sessions Judge, Saran at Chapra, in connection with S.Tr. No. 77/2019, arising out of Manjhi P.S. Case No. 07/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T