Patna High CourtCR. MISC./67574/2023allowed

Abhishek Kumar @ Abhishek Singh v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67574 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Abhishek Kumar @ Abhishek Singh S/O Ajay Singh @ Ajay Kumar Singh R/O Village- Panchrukhiya P.S Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 493, 313, 379, 341, 323 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he established physical relationship with the informant on the pretext of solemnization of marriage for four years.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant/victim is married and matured lady. The relationship between the petitioner and informant/victim seems consensual. There is no medical report in respect of allegation of abortion as forced by

Patna High Court CR. MISC. No.67574 of 2023(3) dt.19-12-2023 2/2 the petitioner. Moreover, he is languishing in judicial custody since 20.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 112 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T