Patna High CourtCR. MISC./50620/2019bail granted

Shyam Sundar Chouhan v. The State Of Bihar

2019-08-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50620 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== 1.

Shyam Sundar Chouhan, Aged about 49 years, Male, Son of Vishwanath Chouhan, Resident of Village - Tilaiya, P.S.- Dhoraiya, Dist.- Banka. 2.

Uma Devi @ Shila Devi, Aged about 45 years, Female, W/o Shyam Sundar Chouhan, Resident of Village - Tilaiya, P.S.- Dhoraiya, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 Heard both sides.

Petitioners apprehend their arrest in Banka Mahila P.S. Case No.04 of 2019, registered under Sections 376, 341, 323 and 34 of the Indian Penal Code.

The victim disclosed that she was studying along with Ravi Kumar and they developed intimated relation with each other. Ravi Kumar established sexual relation with her on the pretext of marriage but when the maternal grandfather and maternal grandmother of the victim went to the house of the petitioners, they used unparliamentary language. Learned counsel for the petitioners submits that the petitioners are father and mother of Ravi Kumar. They have

Patna High Court CR. MISC. No.50620 of 2019(2) dt.14-08-2019 2/2 falsely been implicated in the case. The victim is a major girl and from contents of the fardbeyan itself, it would appear that she was a consenting party.

Taking into consideration the facts aforesaid and the fact that the petitioners are parents of Ravi Kumar with whom the victim got intimate relation, let petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka in connection with Banka Mahila P.S. Case No.04 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T