Nagendra Kumar Chaudhary @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45080 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Nagendra Kumar Chaudhary @ Guddu Son of Nagina Chaudhary Resident of village - Dhamani Gola, P.S. Baroon, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushotam Sharma For the Opposite Party/s : Mr. Ajay Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2015 Heard both sides.

Petitioner seeks bail in a case registered for the offences punishable under sections 376 of the Indian Penal Code and section 4 of the POCSO Act.

The victim made allegation that she had love affairs with the petitioner who established physical relation with her on the pretext of marriage. Petitioner assured her that he will marry after completion of I.T.I. study but petitioner solemnized marriage with another girl on 29.04.2015.

It is submitted that entire allegation is false and concocted. Petitioner has got no affair with the prosecutrix. Age of the prosecutrix is assessed to be 22-23 years. Doctor did not find any sign of rape and found the victim to habitual intercourse.

Patna High Court Cr.Misc. No.45080 of 2015 (2) dt.29-09-2015 Victim herself was a consenting party.

Considering the facts aforesaid, petitioner above named is directed to be enlarged 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 Additional Sessions Judge, Aurangabad in connection with Aurangabad Mahila P.S. Case No. 14 of 2015.

(Prabhat Kumar Jha, J) Amin/- U