Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31095 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MAHILA P.S. District- PATNA ====================================================== Anish Kumar S/o Indubhushan resident of village - New Samanpura, Khagoul, P.S. Phulwari Sharif, Distt. - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhakar Singh, Advocate.

For the Opposite Party : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 376, 506 and 34 of the Indian Penal Code.

The prosecutrix stated that the petitioner on the pretext of marrying with her established physical relationship and continued the relationship for about seven years. When the petitioner got job negotiation/proposal was offered, but the petitioner refused to marry with the prosecutrix. It is submitted that the victim was a major girl and the physical relationship was established with her consent although such relation has denied.

Learned counsel for the informant as well as the learned

Patna High Court Cr.Misc. No.31095 of 2015 (2) dt.18-08-2015 2/2 APP vehemently opposed the prayer for bail and submitted that on the pretext of marriage the petitioner continued to have physical relationship with the victim for seven years. Naked photo of the victim was also posted on 'WhatsAPP'.

It appears that the victim is a major girl and with her own free will she allowed to have established sexual relationship with the petitioner who assured her to marry, but the petitioner did not marry.

Considering the facts aforesaid and the fact that the petitioner is in custody since 13.05.2015, he 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 Chief Judicial Magistrate, Patna in Mahila (Patna) P.S. Case No. 07 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T