Lokesh Kumar @ Lovkesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53761 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. LOKESH KUMAR @ LOVKESH KUMAR Son of Bhola Ram, Resident of Village - Bedauli, Police Station - Sahodra, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Kumari, Daughter of Ramashish Ram, Wife of Lokesh Kumar, Resident of Village - Bedauli, Police Station - Sahodra, District - West Champaran.

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

For the Petitioner/s : Mr. Ram Kishun Prasad For the Opposite Party/s : Mr. Md.Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2015 Power is filed on behalf of the informant.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he committed rape on the informant but submission on behalf of the petitioner is that there was love affairs between the petitioner and the informant but due to some unavoidable circumstances, petitioner could not solemnize his marriage with the informant as a result of which, the informant in the fit of anger, lodged the present case and gave statement against the petitioner but when she realized her fault, she entered into compromise. It is further

Patna High Court Cr.Misc. No.53761 of 2015 (2) dt.30-11-2015 2/2 contended by him that moreover, the petitioner has already solemnized his marriage with the informant and presently, the informant is residing in the house of the petitioner. It is further pointed out by him that in medical examination, the informant was found between 17-19 years and as a matter of fact, the informant was major at the time of alleged occurrence.

Learned counsel, Sri Nishant Kumar Sinha, appearing for the informant supported the above-said contention and fairly accepted this fact that presently, the informant is residing in the house of the petitioner as husband and wife.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sahodra P.S. Case No. 23 of 2015 to the satisfaction of learned Additional District & Sessions Judge-Ist, Bettiah, West Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T