Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69178 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== RAHUL KUMAR SON OF YOGI MAHTO MOHALLA-BAZAR SAMITI PS-KABAIYA DIST-LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narsingh Tanti For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under section 376 of the Indian Penal Code.
3. As per allegation in the FIR, on the pretext of marriage, petitioner had established physical relationship with the informant/victim since last five years and later on he solemnized marriage with another girl.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The informant is a matured and married lady and she solemnized her marriage with one Sanjeet Yadav, hence no question of marriage with petitioner arises.This is a
Patna High Court CR. MISC. No.69178 of 2023(2) dt.01-11-2023 2/2 case of extra marital affair and both the parties are in consensual physical relationship. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 23.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Lakhisarai in connection with Mahila P.S. Case No. 53 of 2023.
(Sunil Kumar Panwar, J) lata/- U T