Aditya Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14776 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -MAHILA P.S. DistrictSASARAM (ROHTAS) =====================================
1. Aditya Kumar Sharma, S/o Sunil Kumar @ Sunil Kumar Sharma, resident of village-Karan Sarai, P.S.-Sasaram (T), District-Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s : Mr. Kanhaiya Kishore (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mahila P.S. Case No.71 of 2015, disclosing offences under Sections 376, 420, 354 and 506 of the Indian Penal Code.
Learned Senior Counsel, appearing on behalf of the petitioner, appears to be right in his submission that
Patna High Court Cr.Misc. No.14776 of 2016 (2) dt.03-05-2016 2/2 physical relationship, which the petitioner is alleged to have established with the informant, cannot be said to be forcible or out of inducement and the same is manifestly consensual in nature, as per the First Informant Report itself.
In view of above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Sasaram, Rohtas, in connection with Mahila P.S. Case No.71 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T