Nitish Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54561 of 2023 Arising Out of PS. Case No.-604 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== NITISH KUMAR RAM, aged about 21 years, Male, Son of Nand Lal Ram Resident of village - Bir Nagar, P.s. - Chenari, Distt. - Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arti Kumari, aged about 20 years, Female, D/o Ram Surat Ram, Resident of village - Banauli, Post - Chenari, P.s. - Chenari, Distt. - rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Kumar Deo, Advocate For the Opposite Party/s :

Mr.Atul Chandra, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 604 of 2022 registered for the offence(s) punishable under Section(s) 420, 376 and 366 of the Indian Penal Code and the cognizance has been taken under Sections 420 and 354 of IPC.

3. The main submissions advanced by the learned counsel for the petitioner are that the present matter is based on complaint filed by the complainant who happens to be 20 years old at the time of filing the complaint and petitioner is also stated to be 21 years old as per complaint petition, as per the

Patna High Court CR. MISC. No.54561 of 2023(2) dt.23-08-2023 2/3 allegation levelled by the complainant the petitioner established physical relationship with the complainant on the pretext to marry her and admittedly the complainant, who was a major girl at the time of establishing the said alleged relationship, wanted to marry the petitioner but when the petitioner and his family members denied her proposal then the case was lodged with false allegation.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that petitioner is stated to be 21 years old and he is a relative of the complainant and as per complaint petition filed by the victim, both have distant relationship and at the time of alleged occurrence they were students and admittedly the complainant was a major girl when the alleged occurrence took place, in my opinion, in the said circumstances, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No.604 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.54561 of 2023(2) dt.23-08-2023 3/3 each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Sanjay/- U T