Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68622 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Kundan Kumar Son of Late Mohan Das Resident of Village- Dwpur Parsa, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376, 420, 504, 506 and 34 of the Indian Penal Code .
3 . As per prosecution case , this petitioner for the last two years made physical relation with her forcibly on pretext of providing comforts due to which she became pregnant and when husband of informant came to know about her pregnancy , she was ousted from her matrimonial house .
Patna High Court CR. MISC. No.68622 of 2024(2) dt.23-10-2024 2/3 Thereafter, informant went to the house of this petitioner, where family members of this petitioner threatened informant and refused to keep her.
4. Learned counsel for the petitioner submits that earned counsel appearing on behalf of the petitioner submits that informant is married lady and mother of two child. From bare perusal of the F.I.R., it is apparent that both parties were in relationship for more than two years and enjoyed each other's company, and indulged in sexual act and as such, it cannot be said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of her action . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the fact that both the parties were major when the relationship developed between them and which continued for more than two years together and informant was well aware of such relationship and its consequences and as such, the same will not amount to any criminal offence , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above , be enlarged on bail on
Patna High Court CR. MISC. No.68622 of 2024(2) dt.23-10-2024 3/3 furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IV East Champaran Motihari in connection with Kalyanpur P.S. case No. 168 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T