Mukesh Kumar Chaudhary @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53653 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- MANER District- Patna ====================================================== Mukesh Kumar Chaudhary @ Mukesh Kumar, S/o Sri Shiv Chaudhary R/o Vill Wasilpur (Arwal), P.S. Arwal,Dist - Arwal. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Maner P.S. Case No. 32 of 2018 registered under Section 376 of the Indian Penal Code.
The allegation is that petitioner developed the physical relation with the informant on assurance to perform the marriage. When the mother of the informant seen to the informant in objection condition with the petitioner then informant gave pressure to the petitioner to perform the marriage but petitioner refused.
Learned counsel for the petitioner submits that, in fact, informant developed the physical relation with the
Patna High Court Cr.Misc. No.53653 of 2018(4) dt.11-12-2018 2/2 petitioner according to sweet will, who was major, but on seeing by her mother in objection condition, the present case has been lodged with false allegation. Moreover, after performing the marriage, petitioner and the informant are residing as husband and wife and in that regard, an application has also been filed in the court of Judicial Magistrate Ist Class, Danapur, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Maner, in connection with Maner P.S. Case No. 32 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Bhardwaj/- (Rajendra Kumar Mishra, J) U T