Patna High CourtCR. MISC./55857/2019bail granted

Avinash Shankar v. The State Of Bihar

2019-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55857 of 2019 Arising Out of PS. Case No.-478 Year-2019 Thana- NAWADA District- Nawada ====================================================== AVINASH SHANKAR Son of Lakhan Yadav Resident of Village- Navadih, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10 For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The prosecution case in short is that on the pretext of marriage, the accused persons established physical relationship with the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. On the pretext of marriage, the petitioner is said to have established physical relationship with the informant. Later on, the petitioner is alleged to have refused

Patna High Court CR. MISC. No.55857 of 2019(2) dt.05-09-2019 2/2 to get married with her. Hence, the present prosecution has been instituted. The allegations made in the F.I.R. is denied by the petitioner. The medical report does not support the allegation made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 478/19.

(Sudhir Singh, J) Pankaj/- U T