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Patna High CourtCR. MISC./58882/2017bail granted

Bikki Verma @ Bikki Kumar @ Bijandra Kumar Verma v. The State Of Bihar

2017-12-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58882 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Bikki Verma @ Bikki Kumar @ Bijandra Kumar Verma, Son of Rajendra Kumar Verma @ Ajay Gupta, resident of Mohalla- Charkhambha Gali Jail Road, Police Station Ara Town, District- Bhojpur (Ara). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Mahila P. S. Case No.105 of 2017 registered under Sections 376, 354 (C) and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from perusal of the FIR, it would be manifest that the informant, a matured girl of 21 years, was having physical relationship with the petitioner since long with consent and, hence, simply because the petitioner did not agree to marry her, the case would not attract the ingredients of the offences punishable under

Patna High Court Cr.Misc. No.58882 of 2017 (2) dt.13-12-2017 2/2 Sections 376 and 354(C) of the Indian Penal Code. Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Considering the nature of allegation made in the FIR and the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in Mahila P. S. Case No. 105 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T