Ranjan Kumar Bagchi @ Ranjan Kumar @ Ranjana Kumar Bagchi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38763 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== Ranjan Kumar Bagchi @ Ranjan Kumar @ Ranjana Kumar Bagchi S/O Nakul Ram Resident of Village- Geval Bigha, P.S.- Rampur, District- Gaya. ... ... Petitioner
Versus
The State Of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Bhaskar Shankar, Advocate For the State :
Mr.Pranav Kumar, Addl Public Prosecutor For the informant : Mr. Prithvi Raj Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376,504, 506/34 of the Indian Penal Code on the allegation that he made physical relation with the informant Puja Kumari for three years on the false promise of marriage.
Learned counsel for the petitioner submits that the informant has implicated the petitioner due to ulterior reasons as it is not believable that someone may continue making physical relation for three years without having consent of the other side. He further submits that in the FIR the informant has stated her age to be 20 years. Further, she has levelled vague allegation of making physical relation, regardless of any time and place. Petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.38763 of 2019(3) dt.09-09-2019 2/2 Learned counsel for the informant opposes the prayer for bail and submits that the petitioner committed rape on the informant for several years on the pretext of marrying her. Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 Sub Divisional Judicial Magistrate, Gaya in Mahila Police Station Case No. 10 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.
(Prabhat Kumar Singh, J) Shashi U T