Ramesh Patel @ Ramesh Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66252 of 2022 Arising Out of PS. Case No.-341 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Ramesh Patel @ Ramesh Kumar Patel Son Of Madan Patel R/V- Sundrapur, Jhagarua Chatti, P.S.- Kesariya, Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code.

The allegation against the petitioner is that he established physical relation with the informant/victim on the false pretext of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The allegation against the petitioner in the FIR is that he established physical relation with the informant/victim on the false pretext of marriage. Learned counsel for the petitioner submits that the victim is adult and he relying on the

Patna High Court CR. MISC. No.66252 of 2022(2) dt.25-02-2023 2/2 judgment of the Apex Court in case of Deepak Gulati vs State of Haryana reported in 2013 (7) SCC 675. He further submits that the petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, particularly the order passed by the Apex Court, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kesaria P.S. Case No. 341 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Arish/- U