Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41319 of 2018 Arising Out of PS. Case No.-216 Year-2017 Thana- SALKHUA District- Saharsa ====================================================== Kundan Kumar S/o Pappu Sharma R/o Mohalla- Rouni Tola, P.S. Simri Bakhtiarpur, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Salkhua (Banma Ithari) P.S.Case No. 216 of 2017 registered under Sections 376,417 and 506 of the Indian penal Code.

Allegation in brief is that prosecutrix a married lady, alleges to have illicit relationship with the petitioner for last 09 years and it is alleged that one child was also born out of the said relationship.

Submission is that petitioner, nine years back, was only 16 years of age and prosecutrix age was more than the petitioner and allegation itself indicates that it was a consensual relationship.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Kundan Kumar, is directed to be released

Patna High Court Cr.Misc. No.41319 of 2018(2) dt.11-07-2018 2/2 on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Salkhua (Banma Ithari) P.S. Case No. 216 of 2017.

(Arun Kumar, J) sujit/- U T