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Patna High CourtCR. MISC./69248/2018dismissed

Rahul Kumar @ Rahul Jaiker @ Rahul v. The State Of Bihar

2018-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69248 of 2018 Arising Out of PS. Case No.-314 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Rahul Kumar @ Rahul Jaiker @ Rahul son of Sri Binod Sharma, resident of Village- Sherpur, P.S.- Maner, District- Patna. At present near Punaichak Pump House, Renter in House of Tinku Ji, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2018 The petitioner seeks bail in connection with Shastri Nagar P.S.Case No. 314 of 2018 registered under Sections 307,323,341 376 and 506/34 of the Indian penal Code.

Allegation against the petitioner is of establishing physical relationship for the last five years on the plea of marriage and thereafter he refused to marry her. It further appears that girl is minor.

Submission of learned counsel for the petitioner is that age of the girl was found to be more than 16 years and there are several judgments which show that girl should be considered as major and the allegation of physical relationship appears to be consensual and petitioner is in custody since 09.06.2018. Heard learned APP also.

Patna High Court Cr.Misc. No.69248 of 2018(3) dt.14-12-2018 2/2 Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, once charge is framed, petitioner will have liberty to renew his prayer for bail. (Vinod Kumar Sinha, J) sujit/- U T