Jaydeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28644 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -RAMPUR District- GAYA ====================================================== Jaydeep Kumar Son of Ashok Kumar @ Ashok Prasad Resident of villageSamda, P.S.- Gurua, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code.

The informant happens to be a widow and mother of four children and petitioner is her cousin Dewar. The accusation against the petitioner is that he established physical relation with the informant on the false promise of marriage.

Submission on behalf of the petitioner is that the petitioner and informant jointly filed a petition under Special Marriage Act before the competent authority and now the matter has already been compromised. It is further submitted that even if

Patna High Court Cr.Misc. No.28644 of 2016 (2) dt.19-07-2016 2/2 the prosecution case is assumed to be true, then also, no case under Section 376 of the I.P.C. is made out.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named 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 Additional Chief Judicial Magistrate-IV, Gaya in connection with Rampur P.S. Case No.67 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T