Vivekanand Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63161 of 2018 Arising Out of PS.Case No. -111 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Vivekanand Kumar, S/o Dhanushdhari Singh, Resident of Village- Maniyan Chak, P.S. Roh, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baby Kumari, D/o Anil Kumar@ Anil Prasad, Resident of VillageJohalpura, P.S. Noor Sarai, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajnish Kumar, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mahila P.S. Case No.111 of 2015 instituted for the offence under Section(s) 376, 504, 313/34 Indian Penal Code.

It is alleged in the written report that this petitioner is cousin (Mausera) brother of father of the informant. He established physical relationship with her since 28.11.2012 on the pretext of performing marriage and took her to his place of posting and lived there as husband and wife. The informant became pregnant. Thereafter, she was aborted. It is further alleged that this petitioner refused to perform marriage with her.

Patna High Court Cr.Misc. No.63161 of 2018 (2) dt.12-10-2018 2/2 From the entire narration in the First Information Report, it appears that both were knowing each other and all the acts were done with consent of the informant. Petitioner is in custody since 24.08.2018.

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 Sub-Divisional Judicial Magistrate, Biharsharif, Nalanda in connection with Mahila P.S. Case No.111 of 2015, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- U T