Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4796 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- MOKAMAH District- Patna ====================================================== DEEPAK KUMAR Son of Mathura Das Resident of Village - Coal Siding Ward No.28, Mokama, P.S.- Mokama and Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-08-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks of start of the physical court.

The petitioner is languishing in custody for the offence punishable under Section 376 of the I.P.C. The informant is a married lady. She alleges that the petitioner was in physical relationship with her since last six months either by putting her in threat or by alluring her that the petitioner would provide ornaments and money to her. Everything took place in absence of the husband who was doing job at Bangalore. The material disclosed in the statement of the victim under Section 164 Cr.P.C. would reveal that she was in consensual relationship with the petitioner. There is no allegation of any fraud played by the petitioner in obtaining the

Patna High Court CR. MISC. No.4796 of 2021(3) dt.02-08-2021 2/2 consent. Investigation of the case is already complete. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mokama P.S. Case No. 205 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T