Patna High CourtCR. MISC./65882/2018bail granted

Abhishek Kumar v. The State Of Bihar

2018-11-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65882 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Abhishek Kumar S/o Janardan Prasad Singh @ Janardan Singh R/o Village Chinia Bela,P.S. Punpun, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila P.S. Case No. 95/2018, instituted for the offences under Sections 376, 323, 509 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that informant is a major lady, aged about 22 years. In the written report, it is alleged that petitioner and informant are neighbour. There was love affairs between them. It is further alleged that on the pretext of marriage, petitioner established physical relation with informant several times. The informant became pregnant. When she asked the petitioner to marry, he refused to do so.

From the written report itself, it appears that no force

Patna High Court Cr.Misc. No.65882 of 2018(3) dt.20-11-2018 2/2 was applied by this petitioner. Petitioner has established physical relationship with consent of the informant. Petitioner is in custody since 29.07.2018.

Considering the aforesaid fact and circumstances, 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 Smt. Priya Shekhar, J.M. 1st Class, Patna in connection with Mahila P.S. Case No. 95/2018, subject to the conditions that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T