Patna High CourtCR. MISC./75567/2023allowed

Balram Choudhary v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75567 of 2023 Arising Out of PS. Case No.-406 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Balram Choudhary Son Of Baijnath Chaudhary Resident Of Village- Laskara, Ps- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 420 and 376 of the Indian Penal Code.

3. As per allegation in the FIR, informant is a married lady and in absence of her husband, petitioner took the informant in confidence and developed love affair with her and thereafter, established physical relationship on false promise of re-marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. In fact, informant is a married lady and having two daughters. It is a case of establishing consensual relationship and in worst

Patna High Court CR. MISC. No.75567 of 2023(2) dt.29-11-2023 2/2 situation, it may be a case of adultery and no case is made out under Sections 420 or 376 IPC against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 19.7.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJ.M.I, Samastipur in connection with Tajpur PS Case No. 406 of 2023.

(Sunil Kumar Panwar, J) sushma/- U