Rakesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48288 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BAHADURGANJ District- Kishanganj ====================================================== Rakesh Kumar Singh Son of Satish Prasad Singh Village -Bhatabari Ward No. 2 PS- Bahadurganj, Distt.- Kishanganj, Bihar-855107 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 103 of 2024, registered for the offences punishable under Sections 342/323/354/376/504/506/34 of the Indian Penal Code.
3. As per prosecution, the FIR has been lodged against 12 named accused persons including the present petitioner alleging that the petitioner had developed physical relation with the informant on the false promise of marriage. When this matter was disclosed before the respectable person of the society they had assured that they shall find solution of
Patna High Court CR. MISC. No.48288 of 2024(3) dt.21-09-2024 2/3 this problem, but in panchaiti they abused the informant.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that antecedent of the petitioner is clean. He further submits that the age of the informant is 23 years and petitioner is of 25 years. He submits that both are major. He submits that on the previous occasion case-diary was called for. In the case-diary statement of the victim under Section 164 Cr.P.C. has also inserted by which it has been accepted that the physical relation has been developed with the consent of each other.
5. Learned Additional Public Prosecutor for the State opposes the prayer for bail and submits that on false promise of marriage physical relation has been developed.
6. In the present facts and circumstances of the case and the materials available in the case-diary, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in
Patna High Court CR. MISC. No.48288 of 2024(3) dt.21-09-2024 3/3 connection with Bahadurganj P.S. Case No.103 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Mkr./- U T