Patna High CourtCR. MISC./11970/2016bail granted

Mukesh Kumar v. The State Of Bihar

2016-03-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11970 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Mukesh Kumar Son of Jay Prakash Das Resident of Villge-Thutha Kabirnagar Panchayat Parariya P/s Bihariganj, District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25.11.2015 in a case registered for the offences punishable under Sections 376, 341, 323, 379, 504, 506/34 of the Indian Penal Code. The accusation against the petitioner is that he established physical relation with informant on false promise of marriage but subsequently, refused to solemnize his marriage with her.

Submission on behalf of the petitioner is that the informant is a married lady and she admitted in her written report that when she was caught by her parents along with petitioner in objectionable condition, her parents pressurized the petitioner to

Patna High Court Cr.Misc. No.11970 of 2016 (2) dt.17-03-2016 2/2 solemnize his marriage with her and when petitioner refused, the informant lodged this case. Continuing his submission, learned counsel for the petitioner submits that aforesaid fact clearly goes to show that the informant was a consenting party. 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case No. 180 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T