Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39186 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== Saurav Kumar, Son of Balmiki Mandal, Resident of Village- Bhivrampur, P.S.- Shahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Kumari, D/o Bilash Mandal, R/o Gorgama, P. s. Shahkund, District Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 This is an application for grant of anticipatory bail in connection with Shahkund P. S. Case No. 50 of 2019, disclosing offences under Sections 341, 323, 376, 120B, 34 of IPC. As per F.I.R. petitioner has enticed the complainant away and having physical relations with her. When they were caught by his father and the petitioner assaulted her also. Submission of the learned counsel for the petitioner is that F.I.R. itself shows that she is a married lady and her age about 19 years and as such, no case is made out under Section 376 of IPC. She was consenting party.

Heard learned A.P.P. as well as the learned counsel for the opposite party no.2, who has opposed the prayer for anticipatory bail on the ground that she was enticed by the petitioner and thereafter, he is not marrying her.

Patna High Court CR. MISC. No.39186 of 2019(5) dt.19-11-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Bhagalpur, in connection with Shahkund P. S. Case No. 50 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to co-operate in the investigation. (Vinod Kumar Sinha, J) Sunil Shukla/- U T