Ravindra Prajapati @ Amrendra Prajapati @ Amerendar Kumari @ Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39774 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== RAVINDRA PRAJAPATI @ AMRENDRA PRAJAPATI @ AMERENDAR KUMARI @ AMRENDRA KUMAR Son of Rajeshwar Prajapati Resident of Village - Bangare, P.S.- Madanpur, District - Aurangabad. (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rafiganj P.S. Case N0. 68 of 2019, disclosing offences under Sections 366A/376/504/506/420 of the Indian Penal Code. The victim has made statement under Section 164 of the Code of Criminal Procedure, which has been brought on record by way of Annexure to the present application. Referring to the said statement, learned counsel for the petitioner has submitted that the victim cannot be said to be minor so as to make out an offence under Sections 366A and 376 of the Indian Penal Code. He has further contended that as alleged in the First Information Report, the petitioner is the own brother of the brother-in-law (sister's husband) of the complainant and, therefore, the allegation that the petitioner had seduced the complainant

Patna High Court CR. MISC. No.39774 of 2019(3) dt.01-07-2019 2/2 for illicit physical relationship concealing the facts that he was already married cannot be believed.

Considering the facts and circumstances, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 learned Chief Judicial Magistrate, Aurangabad in Rafiganj P.S. Case No. 68 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U