Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56761 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- BASANHI District- Saharsa ====================================================== Amit Kumar, Son of Sri Raj Kishore Mandal, Resident of Village- Saroni, Ward No.9, P.S.- Basanahi, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Basanahi P.S. Case No. 51 of 2019, registered under Sections 376, 504, 341, 323 and 506/34 of the Indian Penal Code.

The accusation is of committing rape on Rabri Kumari, informant, by this petitioner on pretext to perform the marriage and this petitioner also took photographs and threatened her that if she make complaint against him then would viral the aforesaid photographs at internet. Learned counsel for the petitioner submits that, in fact, Shila Devi, mother of the petitioner, filed a Complaint Case

Patna High Court CR. MISC. No.56761 of 2019(2) dt.06-09-2019 2/2 No. 1373 of 2018 on 03.12.2018 before the Chief Judicial Magistrate, Saharsa, against the informant and her mother to the effect that her mother wants to perform the marriage of her daughter with the petitioner but the parents of the petitioner refused, on which, informant threaten the petitioner and his family members to lodge the false case against them, due to that reason the informant has lodged the present case with false allegation, as petitioner and the informant are next door neighbour. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Saharsa, in connection with Basanahi P.S. Case No. 51 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T