Banti Kumar @ Jugnu @ Banti Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57344 of 2021 Arising Out of PS. Case No.-281 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== BANTI KUMAR @ JUGNU @ BANTI KUMAR SHARMA S/o Sri Ramnath Sharma Resident of Village and Post- Arrap, P.S.- Bikram, DistrictPatna. At present residing at Rupaspur, P.S.- Rupaspur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 420 & 376 of the Indian Penal Code. Allegation against the petitioner is of establishing physical relationship with the informant on the pretext of marriage. There is allegation of assault upon the informant also. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. On the pretext of marriage, the petitioner is alleged to have established physical relationship with the informant. The same was consensual relationship between the parties. He has placed

Patna High Court CR. MISC. No.57344 of 2021(2) dt.04-04-2022 2/2 reliance of cases of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharashtra & Ors.) and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of Maharashtra and Ors.) On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Patna in connection with Phulwari Sharif P.S. Case No. 281 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T