Rakesh Kumar @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65002 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Rakesh Kumar @ Dablu son of Late Prakash Mahto Resident of VillageMahsauri P.S. Piri Bazar, Distt.-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No.25 of 2018 registered under Sections 376 and 418 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the first information report in question would not attract ingredients of Section 376 of the Indian Penal Code. He further contended that the informant was a married lady and had established physical relationship with the petitioner out of her own consent and the relationship continued for about three years.

On the other hand, learned counsel for the State submitted that the petitioner had cheated the informant of the

Patna High Court Cr.Misc. No.65002 of 2018(2) dt.14-12-2018 2/2 case by assuring her that he would marry and for three years he sexually exploited her and when she took divorce from her husband and asked the petitioner to marry, he refused to marry her.

Considering the allegations made in the first information report and the submissions advanced at the Bar, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to 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 learned S.D.J.M., Lakhisarai in connection with Mahila P.S. Case No.25 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/- U T