Patna High CourtCR. MISC./66174/2022allowed

Rajvardhan @ Raushan Kumar @ Raushan v. The State Of Bihar

2023-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66174 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Rajvardhan @ Raushan Kumar @ Raushan Son Of Late Manoj Kumar Singh Resident Of Village - Kugauli, P.S.- Bangra, District - Samastipur, At Present Resident Of Village - Baikatpur, P.S.- Khushrupur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

It is alleged against the petitioner that on promise to marry, he established physical relationship with the informant and continued the same for a long time but thereafter refused to marry with the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is a married

Patna High Court CR. MISC. No.66174 of 2022(2) dt.27-02-2023 2/2 lady aged about 45 years having three children. The informant has still not taken divorce from her husband. The petitioner is also a married person and if the case of the prosecution is taken to be true, it is consensual relationship as both are major. The petitioner is languishing in custody since 01.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Patna in connection with Jakkanpur P.S. Case No. 195 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T