Patna High CourtCR. MISC./55853/2024bail granted

Alok Kumar @ Sonu Kumar v. The State Of Bihar

2024-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55853 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Alok Kumar @ Sonu Kumar Son of Anup Ram @ Anupam Ram R/o Village - Deshpur, P.S.- Amba, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar Jha, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsels for the parties.

2. The petitioner seeks bail in connection with Amba P.S. Case No. 70 of 2023 registered for the offence punishable under Sections 376, 377 and 384 of the Indian Penal Code.

3. As per prosecution case, on the false pretext of marriage, this petitioner made illicit relationship wit the informant for two years. It is further alleged that later on, this petitioner refused to marry the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. From bare perusal of the F.I.R. it is apparent that both petitioner and informant enjoyed each other's company for two years and indulged in sexual act being fully aware of the

Patna High Court CR. MISC. No.55853 of 2024(2) dt.31-08-2024 2/2 consequences of the relationship, as such, the same cannot be said to be induced or involuntary. Moreover, charge-sheet has already been submitted that the petitioner is in custody since 01.05.2024. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Amba P.S. Case No. 70 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T