Nawalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60551 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== NAWALESH KUMAR Son of Sakaldeo Singh Resident of Village - Nadiyawan, P.S.- Kako, Dist.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Srivastava For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== 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 Section 376 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 26.6.2019 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. No physical or sexual abuse is alleged against the petitioner. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which

Patna High Court CR. MISC. No.60551 of 2019(2) dt.25-09-2019 2/2 she has admitted her love affairs with the petitioner. The allegation of commission of rape is denied. She expressed her willingness to live with the petitioner. Annexure-2 is Section 164 Cr.P.c. statement of the victim.

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 Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 190 of 2019.

(Sudhir Singh, J) Pankaj/- U T