Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18808 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- MANSAHI District- Katihar ====================================================== Rahul Kumar Yadav Son of Arvind Kumar Yadav resident of village Bandar Tola, P.S. Mansahi, District Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party :

Mr. Humayou Ahmad Khan, APP 155 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Mansahi P.S. Case No. 133 of 2017 for offences under Section 376 of the Indian Penal Code. Allegation, in brief, is that the petitioner was sexually exploited the prosecutrix for last five years on the pretext of marriage.

It is contended on behalf of the learned counsel for the petitioner that the girl is major of 21 years of age and in her statement under Section 164 of the Criminal Procedure Code says that she was sleeping with the petitioner in the night, but, some one locked the room from outside and the relationship got exposed, therefore, the case has been filed. In fact, the prosecutrix was a consenting party, being a major.

Patna High Court Cr.Misc. No.18808 of 2018(2) dt.02-04-2018 2/2 Having considered the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mansahi P.S. Case No. 133 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, VI, Katihar.

(Arun Kumar, J) Shamshad/- U T