Patna High CourtCR. MISC./63679/2023allowed

Mithilesh Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63679 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== MITHILESH KUMAR Son of Pradeep Sharma @ Pradeep Tatma R/o vill - Rajhat Banmankhi, ward no. 15, P.S. - Banamankhi, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Section 376 of the Indian Penal Code.

Prosecution case relates to established physical relationship several times with the victim/informant on the pretext of marriage. Later on petitioner refused to marry her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and the informant. Victim was in talking term with the petitioner for several years. Victim is aged about 21 years with mature mind so and she had established consensual physical relationship with

Patna High Court CR. MISC. No.63679 of 2023(2) dt.11-10-2023 2/2 the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 14.4.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Banmankhi P.S. Case No. 157 of 2023.

(Sunil Kumar Panwar, J) sushma/- U