Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44638 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MAHILA P.S. District- SAHARSA ====================================================== Vikash Kumar, S/o Sri Bhageshwar Sah, Resident of Village - Bhatauni, P.S. - Bakhtiyarpur, District - Saharsa .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Navin Kr. Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Saharsa Mahila P.S. Case No. 7/2015 registered under Sections 376, 341, 323, 313 and 379/34 of the Indian Penal Code.
According to the prosecution case, the petitioner is said to have established physical relationship with informant on the pretext of marriage and, subsequently, when she become pregnant, he persuaded her to terminate the pregnancy. It is contended that it would be evident from the FIR that no date of occurrence has been mentioned in the FIR. However, the last incident of establishing physical relationship
Patna High Court Cr.Misc. No.44638 of 2015 (2) dt.14-10-2015 2 / 2 etc. is mentioned as 12.06.2014, whereas a written report was filed before the S.H.O. Mahila Police Station on 05.02.2015. It is further contended that the informant of the case was already married to one Rajesh Kumar of village-Mahuli, District-Madhepura, who has filed a matrimonial case under Section 13-B of the Hindu Marriage Act before the learned Principal Judge, Family Court, Madhepura.
Learned counsel for the State has opposed the application filed under Section 438 Cr. P.C.
Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saharsa in connection with Saharsa Mahila P.S. Case No. 7/2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T