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Patna High CourtCR. MISC./22161/2017bail granted

Pushkar Kumar v. The State Of Bihar

2017-05-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22161 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Pushkar Kumar Son of Dhruv Kumar Resident of Village: Jamuawan, P.S. Daudnagar, District: Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 342, 376 and 506 of the Indian Penal Code.

Allegation is that when the informant had gone to withdraw money from the bank, the petitioner took her to a nearby room and committed rape against her on 23.02.2017. Further statement is that in August 2016 also the petitioner had committed rape in a hotel when the informant had gone to appear in the examination. However, the matter was not reported to anyone. In the circumstance, submission is that the matter is of consensual sex.

Considering the aforesaid facts, let the petitioner,

Patna High Court Cr.Misc. No.22161 of 2017 (2) dt.09-05-2017 2/2 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 learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad/successor Court in connection with Mahila Police Station Case No. 05 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T