Devkant Thakur @ Devkant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50536 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- MAHILA PS District- Aurangabad ====================================================== DEVKANT THAKUR @ DEVKANT KUMAR Son of Chandradeo Thakur Resident of Village - Khaira Mohan, P.S. - Goh, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 376/420 of the Indian Penal Code and 3 and 4 of D.P. Act.

The prosecution allegation, in short, is that the petitioner established physical relation with the informant on the pretext of the marriage and later denied and also took indecent pictures of her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is

Patna High Court CR. MISC. No.50536 of 2021(2) dt.04-04-2022 2/2 alleged to have established physical relationship with the victim on the assurance of marriage. Learned counsel for the petitioner submits that the said relationship was a consensual relationship between the parties. He has placed reliance on cases of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors) and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of Maharashtra and Ors.).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Mahila P.S. Case No. 09/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T