Vishal Kumar Lal @ Pradeep Kumar Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1516 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== VISHAL KUMAR LAL @ PRADEEP KUMAR LAL Son of Nirbhay Lal @ Nirbhay Kumar Lal Resident of Village- Garhaiya Tola, Tanti Bazar Road, Champanagar, P.S.- Nathnagar, District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence under Sections 376, 504, 506/34 of the I.P.C. As per the F.I.R., for the last ten years, the petitioner sexually exploited informant on the pretext of false promise of marriage and it is alleged that on 19.07.2021, when the informant went to the house of petitioner to settle the issue, all the F.I.R. named accused, including this petitioner, abused and ousted her from the house.
It is submitted that informant is a married lady, aged about 40 years, and only with a view to harass and extort money from the petitioner, she has lodged this false case. Both were major and lived together for ten years and relationship was consensual. At no point of time, she raised any protest & she was consenting party and continued to enjoy the relationship for fairly
Patna High Court CR. MISC. No.1516 of 2022(3) dt.26-04-2022 2/2 long time. Petitioner has got clean antecedent and he is in custody since 20.07.2021. Investigation is complete. However, learned A.P.P. for the State has opposed the prayer for bail and submitted that there is specific allegation against this petitioner that on the pretext of false promise of marriage, he sexually exploited informant for the last ten years. Considering the nature of accusation, age of parties and relationship for fairly long time, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur / concerned court in connection with Nathnagar P.S. Case No. 395 of 2021. (Prabhat Kumar Singh, J.) anay/- U T