Rambabu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27393 of 2017 Arising Out of PS.Case No. -360 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rambabu Chaudhary, S/o Phulena Chaudhary, resident of VillageKhadda, Purandrapur, P.S.- Nautan, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Khusbu Kumari, D/o Bir Bahadur Chaudhary, resident of village Khadda Purandarpur, P.S. Nautan, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the State : Mr. Pancha Nand Pandit For the informant : Mr. Shyamal Prakash ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in judicial custody since 25.03.2017 in connection with Nautan P.S. Case No. 360/16 for offences punishable under Sections 376, 354-B, 323, 420, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that she had met the petitioner in a birthday party, thereafter he forcefully had sexual relation with her and threatened her to marry him. She was married to another person at Bagaha but even thereafter she was sexually
Patna High Court Cr.Misc. No.27393 of 2017 (4) dt.06-09-2017 2/3 harassed by the petitioner. Hence, a complaint bearing Complaint Case No. 2013C of 2016 was lodged, which was later on sent to the police for registering the First Information Report under Section 156(3) of the Cr.P.C. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the victim girl has now married the petitioner and an affidavit to the said effect has been sworn by the victim lady. He further submits that no offence is made out against him as the victim lady has married the petitioner, who is keeping her with full dignity and honour.
Learned counsel appearing for the informant also submits that the petitioner and the victim lady are now husband and wife and the petitioner and in-laws of the informant are keeping her with full dignity and honour. Learned APP for the State is present.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.27393 of 2017 (4) dt.06-09-2017 3/3 satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Nautan P.S. Case No. 360/2016.
(Nilu Agrawal, J) Rajesh/- U T