Manish Anand @ Sonu @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33739 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Manish Anand @ Sonu @ Sonu Kumar Son of Vishwanath Prasad Singh @ Ramji @ Ram Jiwan Bhagat, Resident of Village- Lodipur, P.S.- Chhabilapur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyadeo Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Biharsharif Mahila P.S. Case No. 20 of 2017, registered for offences punishable under Sections 420, 376, 384/34 of the Indian Penal Code.

Allegation against the petitioner is of committing rape on the informant on the pretext of marriage, however, later on he refused to marry the informant.

It has been submitted on behalf of the petitioner that there is unexplained delay in loding the present case. Apart from that she has neither been medically examined nor her statement under Section 164 Cr.P.C has been recorded and F.I.R itself shows that she is a consenting party and at the time of occurrence, she was

major. Further petitioner has been in judicial custody since 06.03.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Nalanda at Biharsharif, in connection with Biharsharif Mahila P.S. Case No. 20 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T