Patna High CourtCR. MISC./62763/2024bail granted

Vikash Kumar Paswan v. The State Of Bihar

2024-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62763 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== Vikash Kumar Paswan Son of Ram Bilash Paswan Village- Koahi Mirapur, P.S. - Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376, 313 , 504 and 34 of the Indian Penal Code and 3/ 4 of the D. P Act. 3 . As per the prosecution case, it is alleged that this petitioner on false promise of marriage, established physical relationship with informant.

4. Learned counsel for the petitioner submitted that informant herself accepted that petitioner solemnized marriage with her on 02.04.2020. It is further submitted that from bare perusal of F.I.R., it is apparent that when the friendship developed between informant and petitioner, both of them enjoyed each other's company for several months and indulged

Patna High Court CR. MISC. No.62763 of 2024(2) dt.21-09-2024 2/2 in sexual act being fully aware of the consequences of the relationship, as such, the same cannot be said to be induced or involuntary. Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts, clean antecedent of petitioner and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM Darbhanga in connection with Mahila P.S. case No. 23 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T