Patna High CourtCR. MISC./61030/2019bail granted

Rakesh Kumar v. The State Of Bihar

2019-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61030 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== RAKESH KUMAR S/o Sikendra Singh @ Sikandar Singh R/o village- Bihat (Kiul- Garhara), P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 420, 376/34 of the Indian Penal Code. The prosecution case in short is that on the pretext of marriage, the accused person established physical relationship with the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has admitted that a consensual relationship was established

Patna High Court CR. MISC. No.61030 of 2019(2) dt.25-09-2019 2/2 on the pretext of marriage. Later on, the petitioner is said to have denied from the marriage. Hence, the present case has been instituted. The petitioner has further relied upon the case of Dr. Dhruvaram Murlidhar Sonar versus State of Maharastra & Ors. since reported in 2019 SCC Online SC-3100. Hence, no offence under Section 376 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka in connection with Mahila P.S. Case No. 29 of 2019.

(Sudhir Singh, J) Pankaj/- U T