Patna High CourtCR. MISC./45489/2016bail granted

Sekh Laddu @ Sek Laddu v. The State Of Bihar

2016-10-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45489 of 2016 Arising Out of PS.Case No. -244 Year- 2015 Thana -KASBA District- PURNIA ====================================================== Sekh Laddu @ Sek Laddu, son of Sekh Israfil, resident of villageMadarghat Kasba, Police Station-Kasba, District-Purnia. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Yadav, Advocate For the Opposite Party : Mr. Sri Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner as well as learned Additional PP for the State.

Originally, the informant filed complaint case which was converted into the present case. Initially, the FIR was lodged under Sections 323, 504 and 364 of the IPC but later on Section 376 of the IPC was also added. The informant claims that petitioner committed rape on victim on 10.03.2014 but subsequently, due to pressure mounted by villagers petitioner solemnized marriage with victim. However, subsequently the victim was ousted from her matrimonial home and she filed complaint case bearing Complaint Case No.1446 of 2015 for the offences of Sections 376, 312, 498 and 120B of the IPC. The informant also claims that on 04.05.2015, the petitioner forcibly took away the victim from her parents house.

Patna High Court Cr.Misc. No.45489 of 2016 (2) dt.19-10-2016 2/2 The statement of the victim was recorded under Section 164 of the Cr.P.C. in which she stated that she was raped by the petitioner on 04.05.2015. Learned counsel for the petitioner points out that the victim as well as her father are in habit of filing false cases against the petitioner as they were pressurizing the petitioner to marry with the victim and when the aforesaid proposal was refused by the petitioner, the victim as well as her father lodged several cases against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner 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 CJM, Purnia in connection with Kasba P.S.Case No.244 of 2015.

(Hemant Kumar Srivastava, J) B.Kr./- U T