Patna High CourtCR. MISC./31807/2016bail granted

Lal Mukhiya v. The State Of Bihar

2016-10-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31807 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Lal Mukhiya Son of Sante Mukhiya @Satya Mukhiya Resident of Village- Ram Nagar, Dhanshi P.S. Rahika Distrct Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 18.12.2015 in a case registered under section 376 and other minor sections of the Indian Penal Code as well as section 4 of the POCSO Act. The accusation against the petitioner is that he established physical relation with a minor girl on the false promise of marriage, as a result of which the aforesaid girl became pregnant but, subsequently, petitioner refused to solemnize his marriage with the victim.

Submission on behalf of the petitioner is that the victim has already solemnized her marriage with the petitioner and, now, she does not have any grievance with the petitioner. To fortify the

Patna High Court Cr.Misc. No.31807 of 2016 (3) dt.17-10-2016 2/2 aforesaid contention, learned counsel for the petitioner drew my attention towards Annexures-2 and 3 to the petition. The record of the case goes to show that this Court issued notice to the victim, which was personally served upon her, but she did not choose to appear before this Court. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Madhubani in connection with Mahila P.S.Case No. 44 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T