Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58602 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -MAHILA P.S. District- PATNA ======================================================

1. Pappu Kumar @ Pappu Yadav S/o Birendra Singh, R/o Vill.- Nanhu Bigha, P.S.- Haspura, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.

The petitioner seeks bail in Mahila P.S. case No. 41 of 2018 registered under Section 376, 509, 323, 34 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act. The informant/ prosecutrix alleged that on the pretext of marriage the petitioner established physical relation with her but later on demanded dowry and refused to marry with her.

The learned counsel for the petitioner submits that petitioner never assured to marry with the informant. The informant wanted to marry with the petitioner but on refusal the informant lodged this case. It is further submitted that informant herself disclosed her age to be 21 years and she is a major girl and

Patna High Court Cr.Misc. No.58602 of 2018 (2) dt.20-09-2018 2/2 a consenting party Considering the facts that victim disclosed her age to be 21 years in her statement under Section 164 of the Cr. P.C. and she appears to be a consenting party, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Priya Shekhar, learned Judicial Magistrate, Patna in connection with Mahila P.S. case No. 41 of 2018.

(Prabhat Kumar Jha, J) BKS/- U T