Bhagyanshu Anand @ Rahul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40090 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== BHAGYANSHU ANAND @ RAHUL MANDAL Son of Sadanand Mandal @ Sadanand Kumar Resident of Village - Ashiyachak, P.S. - Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Counsel Mr.Abhoy Kumar Sinha For the State :

Mr. Rajiv Ranjan Singh ====================================================== 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 Bhagalpur Mahila P.S. Case No. 10 of 2019, disclosing offences under Sections 366 and 376 of the Indian Penal Code. It is alleged in the FIR that on a false assurance of marriage, the petitioner established physical relationship with the informant and remained in such relationship for nearly a year and thereafter the petitioner refused to marry her. Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that, as is evident from the FIR, that on the date of lodging of the FIR, the informant was 22 years old and even if the allegations made in the FIR are treated to be

Patna High Court CR. MISC. No.40090 of 2019(2) dt.01-07-2019 2/2 correct, she was fully aware of the consequences of the act in which she was indulging.

In view of aforesaid submission, 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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the SDJM, Bhagalpur in connection with Bhagalpur Mihila P.S. Case No. 10 of 2019, subject to the condition 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) HR/- U T