Patna High CourtCR. MISC./58575/2019bail granted

Gautam Kumar v. The State Of Bihar

2019-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58575 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== GAUTAM KUMAR S/o Akhilesh Prasad R/o village- Kewali, P.S.- Khudaganj, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manish Kumar, Advocate For the State :

Mr. Nagendra Prasad, APP For the informant :

Mr. Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code.

Allegation is that on the pretext of marriage the petitioner established physical relationship with the victim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.06.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Consensual physical relationship is said to have been established on the pretext of marriage. Subsequently

Patna High Court CR. MISC. No.58575 of 2019(2) dt.25-09-2019 2/2 performance of marriage was denied by the petitioner. Hence for the said reason, the present case has been instituted. The petitioner has further relied upon the judgment of the Hon'ble Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar vs. The State of Maharashtra & ors., reported in 2019 SCC online SC 3100.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 C.J.M., Gaya in connection with Moffasil Gaya P.S. case No.91 of 2019. (Sudhir Singh, J) Narendra/- U T