Ranjan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34797 of 2017 (2) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34797 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ranjan Kumar, Son of Bunilal Sah, Resident of Village- Rampur Manorath, P.S.- Patahi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Patahi P.S. Case No. 40 of 2017, registered for offences punishable under Sections 376, 323, 504, 386, 387, 120B of the Indian Penal Code.

Allegation against the petitioner is of committing rape on the informant on the pretext of marriage.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and further from the F.I.R itself it will appear that she was a consenting party and a major and when she became pregnant, she started pressurizing the petitioner to marry her and when the petitioner refused to marry her this false and concocted case has been filed. Further from the statement of girl recorded under Section 164 Cr.P.C., it appears that she is already married. Petitioner has been in judicial custody since 30.04.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34797 of 2017 (2) dt.03-08-2017 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) with two sureties of the like amount each to the satisfaction of learned ACJM -VIII, Motihari, East Champaran, in connection with Patahi P.S. Case No. 40 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