Hari Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6095 of 2015 Arising Out of PS.Case No. -17 Year- 2014 Thana -MAHILA P.S BAGHA District- WEST CHAMPARAN(BETTIAH) ====================================================== Hari Shankar Mahto son of Rameshwar Mahto, Resident of villagePararkhap, P.S.- Laukaria, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. Satyendra Nr.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.

Petitioner seeks bail in Mahila Bagaha P.S. Case No. 17/2014, registered for the offences punishable under Section 323, 504, 376 and 494/34 of the Indian Penal Code. The victim herself alleged that the petitioner established physical relation with her, on the pretext of marriage with her, she conceived and thereafter the petitioner asked to get her aborted but she refused. It appears that the victim was not medically examined and the statement of the victim was not recorded under Section 164 of the Cr.P.C. during the course of investigation.

On perusal of the content of the FIR, it appears that the victim is a consenting party.

Patna High Court Cr.Misc. No.6095 of 2015 (3) dt.09-04-2015 2/2 Considering the facts aforesaid, the petitioner above named is directed to 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 S.D.J.M., Bagaha, West Champaran in connection with Mahila Bagaha P.S. Case No. 17/2014.

(Prabhat Kumar Jha, J.) Rakhi/- U T