Mukesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43876 of 2014 (3) dt.18-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43876 of 2014 Arising Out of PS.Case No. -27 Year- 2014 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mukesh Kumar Son of Harinanadan Sao @ Manu Sao Resident of Village - Jamhetta, P.S. - Fatehpur, Distt. - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Chandra Pandey For the Opposite Party/s Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 18.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Originally, informant filed complaint case on 2.1.2014 for the occurrence which had taken place on 25.12.2013 and thereafter, present case was registered.

Admittedly, victim came to her home alone and made her statement under section 164 Cr.P.C in which she has, nowhere, stated about physical relationship with the petitioner. Moreover, in course of investigation some witnesses stated that earlier informant had made a proposal to the parents of the petitioner for marriage of victim with the petitioner but the aforesaid proposal was refused by the parents of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.43876 of 2014 (3) dt.18-02-2015 amount each to the satisfaction of the Sub divisional Judicial Magistrate, Nalanda at Biharsharif in Rajgir P.S. Case no. 27/2014. shahid (Hemant Kumar Srivastava,J) U T