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Patna High CourtCR. MISC./48395/2018bail granted

Gaurav Kumar v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48395 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Gaurav Kumar, Son of Laxmi Mahto @ Birju Mahto, resident of Mohalla- Nariyal Bazar, Ward No. 16, P.O. & District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhaykr. Sinha Kundan For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Learned counsel for the petitioner is permitted to make correction in the last portion of the petition. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Madhubani (Town) P.S.Case No. 177 of 2018 (CRI Case No. 965 of 2018), registered for offences punishable under Section 376 of Indian Penal Code.

As per the F.I.R., allegation against the petitioner is of committing rape continuously upon the informant on the pretext of marriage.

Submission of the learned counsel for the petitioner that the petitioner has committed no offence rather he has falsely been implicated in this case in order to pressurize him to marry her

Patna High Court Cr.Misc. No.48395 of 2018 (2) dt.01-10-2018 2/2 and the victim girl was examined by the Medical Board and found that there is no medical evidence of rape upon the body of the victim girl and the petitioner is in custody since 22.05.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Distrct Judge, Madhubani in connection with Madhubani (Town ) P.S.Case No. 177 of 2018 (CRI Case No. 965 of 2018), subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T