Patna High CourtCR. MISC./50062/2017bail granted

Buchun Rai v. The State Of Bihar

2017-11-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50062 of 2017 Arising Out of PS.Case No. -306 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Buchun Rai, S/o Late Anil Rai, R/o Village- Jitwarpur (Sekhpura), P.S.- Balia Belone (Kadwa0, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kadwa (Balia Belone) P.S. Case No. 306 of 2016, registered for the offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of having physical relationship with the prosecutrix on the pretext of marriage and later on he refused.

Submission of learned counsel for the petitioner is that prosecutrix is major and it appears from prosecution version itself that she was consensual and further she earlier married twice with other persons she has left them and later on petitioner has been implicated in this case just to extract money from him and he is in custody since 19.7.2017 and he is ready to abide by any condition that may be imposed on him by this Court, if bail is granted.

Patna High Court Cr.Misc. No.50062 of 2017 (3) dt.10-11-2017 2/2 Heard learned APP also.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Katihar, in connection with Kadwa (Balia Belone) P.S.Case No. 306 of 2016, subject to the conditions as follows : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U