Mukesh Kumar Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26530 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Mukesh Kumar Prabhakar, S/o Late Shankar Rai, R/o Village- Marwan, P.S.- Karja, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in a case registered for the offences punishable under sections 313, 376/34 of the Indian Penal Code and Section 3(1)(x) of the S.C./S.T. (Prevention of Atrocities) Act.

The informant Kismis Kumari lodged a F.I.R.

alleging therein that for the last four years the petitioner having tempted her to marry, has been making physical relationship with her as husband and wife. In the meantime, she became pregnant thrice and was aborted. The informant learnt that the petitioner has married another lady on 29.05.2015 and when she went to his school where he was appointed, he admitted about the same and

Patna High Court Cr.Misc. No.26530 of 2015 (2) dt.27-07-2015 beg apology.

On behalf of the petitioner it is submitted that the petitioner is in custody since 12.04.2015. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedent. It is further submitted that as per allegation, the informant was in physical relationship with the petitioner. There is no substantive piece of evidence to show that there was any physical relationship between the petitioner and the informant nor there is any medical report to suggest that the informant was in physical relationship with the petitioner.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the facts aforesaid, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashimi, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Karja P.S. Case no. 33 of 2015.

(Sudhir Singh, J) Amin/- U