Narayan Turha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57770 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -BRAHMPUR District- BUXAR ====================================================== Narayan Turha, S/o Sri Bhagwan Turha, R/o Village Nandan, P.S. Dumraw, District Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Durgawati Kumari, D/o Mahendra Turha, R/o Mariyaar, P.S.- Bogiya, District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party No.1 : Mr. Akshay Lal Pandit, APP For the Opposite Party No.2 : Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Brahampur (Chakki O.P.) P.S. Case No.142 of 2018 instituted for the offence under Section(s) 341, 323, 313, 376 and 504 Indian Penal Code. Counsel for the petitioner submits that instant case has been filed to give pressure to the petitioner to perform marriage with the informant.

Counsel for the informant has submitted that the petitioner established physical relationship with the informant on the pretext of performing marriage but did not perform marriage. In the written report, it is alleged that petitioner established physical relationship with the informant and

Patna High Court Cr.Misc. No.57770 of 2018 (3) dt.10-10-2018 2/2 thereafter she became pregnant. She was aborted on the advice of the petitioner and his family members to perform marriage, but marriage was not performed.

In this manner, from the written report itself, it appears that entire episode was done with consent of the informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Brahampur (Chakki O.P.) P.S. Case No.142 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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