Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27787 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -KONCH District- GAYA ====================================================== 1.

Santosh Kumar Son of Bhim Singh Resident of VillageMaricha(Regania), Police Station- Amas, District- Gaya... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Akbar Ali For the Informant : Mr. S.K.Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody since 24.3.2018 seeks bail in Konch PS Case No. 78 of 2018 registered under Sections 344, 313, 493 and 506/34 of the IPC.

The allegation in brief is that the petitioner on the pretext to marry the prosecutrix, sexually exploited her for two years and out of the relationship she became pregnant and her pregnancy was also got terminated.

Learned Counsel for the petitioner submits that in view of the allegation itself it was a consensual relationship between the two adults as the prosecutrix has also stated that earlier also a case was instituted against the petitioner by her father making allegation of kidnapping by the petitioner for the purpose of marriage, in that case her statement was recorded under Section 164 Cr.P.C. wherein she denied the allegations leveled by her father and the Medical Board has assessed her age 19 years.

Whereas learned Counsel appearing on behalf of the prosecutrix submits that for the last two years on the pretext of marriage the petitioner sexually exploited her and got her pregnancy terminated also.

Patna High Court Cr.Misc. No.27787 of 2018 (5) dt.16-07-2018 Having considered the said facts and circumstances particularly the allegation itself that the prosecutrix was living with the petitioner at different places for two years and she is adult so the petitioner, namely, Santosh Kumar is directed to 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 ACJM Gaya in connection with Konch PS Case No. 78 of 2018. (Arun Kumar, J) Snkumar/- U T