Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71564 of 2018 Arising Out of PS. Case No.-803 Year-2018 Thana- DARIGAON District- Rohtas ====================================================== Deepak Kumar, Son of Sanjay Kumar Singh, Resident of Village-Dhoudarh, P.S. Sasaram (Muffasil), District Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sasaram (Darigaon) P.S.Case No.803 of 2018 registered for offences punishable under Section 366 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the daughter of the informant who is married lady has been enticed by the petitioner who is also married and they have physical relation and remained at several places and thereafter the petitioner was arrested by the police.

Submission of the learned counsel for the petitioner is that the FIR itself shows that the statement of the girl has been recorded under Section 164 Cr.P.C. which itself shows that she

Patna High Court Cr.Misc. No.71564 of 2018(2) dt.10-12-2018 2/2 is consenting party and married lady and further stated that in her statement under Section 164 Cr.P.C. that even after release of the petitioner she desires to live with the petitioner. The petitioner is in custody since 19.8.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S.Case No.803 of 2018 dated 18.5.2018.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T