Patna High CourtCR. MISC./56866/2018bail granted

Anil Singh v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56866 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -BARHARIA District- SIWAN ====================================================== Anil Singh, son of Ramadhar Singh, resident of village- Bhalua, Police Station- Barhariya, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amir Alam, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barhariya P.S. Case No.109 of 2018 instituted for the offence under Section(s) 376, 315, 354(B), 506 and 379 Indian Penal Code.

Counsel for the petitioner submits that the informant was maintaining physical relationship with the petitioner with her own consent, which will appear from the written report itself. The informant has alleged in the written report that she was in love with the petitioner and she also established physical relationship with him on the pretext of performing marriage but later on petitioner did not perform marriage. It is also alleged that she became pregnant and also got aborted when

Patna High Court Cr.Misc. No.56866 of 2018 (2) dt.28-09-2018 2/2 the petitioner put such condition for marriage. In this manner, from the written report itself, it appears that entire episode took place with consent of the informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the Chief Judicial Magistrate, Siwan, in connection with Barhariya P.S. Case No.109 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

U T