Bir Prakash Singh @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33533 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Bir Prakash Singh @ Sonu Son of Rajendra Singh Resident of Village - Ahinaura, P.S. - Mohania, District- Kaimur (Bhabua). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Anand Mohan Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 12-01-2015 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion. Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 17.05.2014 in a case registered for the offences punishable under Sections 376 and 506 of the Indian Penal Code. The accusation is of establishing physical relationship on promise of marriage to the informant being a Widow and thereafter refused to marry.
It is submitted by learned counsel for the petitioner that even assuming the accusation no offence under Section 376 of the IPC is made out. A statement has been made in
Patna High Court Cr.Misc. No.33533 of 2014 (03) dt.12-01-2015 2/2 para 3 of the petition that the petitioner has no criminal antecedent.
It is submitted by learned counsel for the informant that on accusation levelled the offence under Section 376 IPC is made out.
Considering the nature of accusation and the period under custody, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Kaimur at Bhabua in connection with Sessions Trial No. 310 of 2014 arising out of Mahila (Bhabua) P.S. Case No. 12 of 2014. (Dinesh Kumar Singh, J) DKS/- U T