Patna High CourtCR. MISC./3354/2017allowed

Amarjeet Kumar v. The State Of Bihar

2017-02-27Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.3354 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3354 of 2017 Arising Out of PS.Case No. -522 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Amarjeet Kumar S/o Shri Dileep Shah Resident of Village:- Dhusmari Bishanapur, P.S. Mufassil, District- Khagaria, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Krishna Gupta : Mr. Amit Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 18.10.2016 in connection with Khagaria (Muffasil) P.S. Case No. 522 of 2016 registered under Sections 366 and 376 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on the basis of concocted story. The manner of accusation itself creates doubt on the prosecution where a major married lady alleged that on the pretext of marriage, she has been exploited by establishing physical relation. No medical report in support thereof is available on the record to prove the allegation against this petitioner. In the absence of any evidence, no case under Section 376 of the I.P.C. is made out against this petitioner. Moreover, the petitioner is rotting in custody for the last two months.

Patna High Court Cr.Misc. No.3354 of 2017 (2) dt.27-02-2017 Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 522 of 2016. (Arvind Srivastava, J) brajesh/- U T