Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73154 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== ARUN KUMAR Son of Jai Prasad Yadav Resident of Village- Jamuniya, Ward No.-17, P.S.- Bathawariya (Chautarwa), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 313 of the Indian Penal Code.

Allegation against the petitioner is that he established physical relationship with the victim/informant several times on pretext of solemnization of marriage. The victim got miscarriage two times and when the petitioner denied from marriage, this has been registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the victim is major lady, aged about 22 years and she was in

Patna High Court CR. MISC. No.73154 of 2022(2) dt.20-03-2023 2/2 relationship with the petitioner on assurance of solemnization of marriage but when the petitioner denied from the same, she made false allegation against him. From perusal of prosecution story, it seems that the informant is a consenting party. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.3.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila Bagaha P.S. Case No. 20 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bagaha, District- West Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U