Patna High CourtCR. MISC./68958/2024bail granted

Mahendra Kumar @ Mahendra Das v. The State Of Bihar

2024-12-18Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68958 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Mahendra Kumar @ Mahendra Das S/O Late Basant Das @ Late Vasant Das R/O Village- Damgara, Kukran, P.S- Dhamdaha, Distt.- Purnia, Bihar854205. ... ... Petitioner/s

Versus

The State of Bihar 2.

Miss X D/O Rajendra Das R/O Village- Damgara, P.O- Amari Kukraun, P.SDhamdaha, Distt.- Purnia, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Prabhakar, Adv.

For the State :

Mr.Dr. Ajeet Kumar, APP For the O.P. No.2 : Mr. Abhijeet Abhigyan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-12-2024 Heard Mr. Kumar Prabhakar, learned counsel for the petitioner, Mr. Dr. Ajeet Kumar, learned APP for the State and Mr. Abhijeet Abhigyan, learned counsel for the O.P. No.2.

2. The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 123/ 2023 dated 12.06.2023 registered for the offence(s) punishable under Section(s) 376 of the IPC and section 4 of the POCSO Act.

3. The main submissions advanced by learned counsel for the petitioner are that the FIR was lodged after four months of the commission of the alleged occurrence, in actual, the petitioner's younger brother, Manish Kumar was having love affair with the so-called victim, who is also an accused in this

Patna High Court CR. MISC. No.68958 of 2024(3) dt.18-12-2024 2/3 matter, but he has been declared juvenile and in the present time, good relation has restored in between the petitioner's side and the informant. The petitioner has been made accused mainly in order to create pressure upon the petitioner's family so that the marriage could be solemnized in between the informant and the brother of the petitioner and later on, the victim herself filed a petition before the trial court on 01.05.2024 accepting her love affair with petitioner's brother and denying any crime by this petitioner with her and the petition's copy has been filed before this court. It is further submitted that in the present time, the informant, who is said to be the victim, is residing in the house of the petitioner as the wife of the petitioner's brother.

4. Learned counsel appearing for the O.P. No.2 accepts the aforesaid submissions and also accepts the factum of compromise in between both the parties and the petitioner's innocence in the alleged crime as well as the informant's residing in the house of the petitioner as the wife of the petitioner's brother.

5. Considering the above submissions advanced by the petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the

Patna High Court CR. MISC. No.68958 of 2024(3) dt.18-12-2024 3/3 petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Dhamdaha P.S. Case No. 123/ 2023 on furnishing bail bond of Rs. 20,000/-( Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T