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Patna High CourtCR. MISC./61898/2018bail granted

Roshan Kumar v. The State Of Bihar

2019-04-09Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61898 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Purnia ====================================================== Roshan Kumar Son of Prakash Bishwas, resident of Village- Bishanpur, Garhbaneli, P.S.- Kasba, District- Purnea.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62539 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Purnia ====================================================== Suraj Kumar Son of Gulten Bishwas @ Vishwas Resident of VillageBishanpur, Garhbaneli, P.S.-Kasba, District-Purnea. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61898 of 2018) For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Rajkishore Singh (In CRIMINAL MISCELLANEOUS No. 62539 of 2018) For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioners in both the cases seek bail in anticipation of their arrest in connection with Mahila P.S. Case No. 20 of 2018, registered for the offences punishable under Sections 354B and 420 of the Indian Penal Code.

Allegation against the petitioners in both the cases is that they have lifted the informant, taken her to the house of

Patna High Court CR. MISC. No.61898 of 2018(3) dt.09-04-2019 2/3 Fufa Santi Das and they had given her Kaccha Rasgulla and after consuming the same she became unconscious. Further allegation is that police came and arrested Suraj Kumar and Gultan Bishwas and thereafter obscene photographs were sent to the mobile of thie informant.

Submission of learned counsel for the petitioners is that the whole allegation is false and concocted and as a matter of fact there was love affair between the petitioner Suraj Kumar and the informant and furthermore a compromise has been arrived at between the parties and in support of the same a supplementary affidavit has been filed showing the fact that a compromise petition has been filed before the court of S.D.J.M., Purnea.

Heard learned APP and learned counsel for the informant. They have not objected to the aforesaid submission that compromise has been arrived at between the parties. Having heard both sides and in the facts and circumstances, let petitioners in both the cases, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.61898 of 2018(3) dt.09-04-2019 3/3 the S.D.J.M., Purnea, in connection with Mahila P.S.Case No. 20 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T