Brahmdev Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.755 of 2017 (3) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.755 of 2017 Arising Out of PS.Case No. -61 Year- 2013 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Brahmdev Singh Son of Ramprasad Mahto Resident of VillageParmeshra, P.S.- Lakhnour, Distt-Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Kamran For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 30.09.2016 in connection with Lakhnour P.S. Case No. 61 of 2013 registered under Section 376 of the Indian Penal Code.

According to the prosecution, the accused-petitioner established physical relation with the informant on the pretext of marriage but denied to perform marriage with the informant. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, there was love affair between the petitioner and the informant. The victim herself in an affidavit has stated that the petitioner has not established any physical relation with her, which is evident from annexure-2 series. The petitioner is rotting in custody for the last five months.

Patna High Court Cr.Misc. No.755 of 2017 (3) dt.22-02-2017 Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Jhanjharpur in connection with Lakhnour P.S. Case No. 61 of 2013. (Arvind Srivastava, J) brajesh/- U T