Brajesh Kumar @ Golu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77110 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== BRAJESH KUMAR @ GOLU YADAV Son of Mithilesh Yadav @ Mithilesh Kumar Kanti R/o vill - Kusaha, ward no. 15, P.S. - Tribeniganj, Distt. - Suapul, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Das For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376, 506, and 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner on false pretext of marriage established physical relation with her, later on he denied to perform the marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. As per statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the victim is aged

Patna High Court CR. MISC. No.77110 of 2023(3) dt.15-01-2024 2/2 about 18 years, victim and the petitioner is known to each other and there is consensual relation between the parties. It is further submitted that there is case and counter case between the parties. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 87 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ist, Supaul. (Sunil Kumar Panwar, J) Manishkumar/- U T