Patna High CourtCR. MISC./14380/2018bail granted

Manish Kumar Sharma v. The State Of Bihar

2018-04-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14380 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Manish Kumar Sharma S/o Vijay Kumar Sharma, R/o Village- Bharandua, P.S.- Chenari, District- Rohtas at Sasaram.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Chenari P.S. Case No. 247 of 2017 registered for the offences punishable under Sections 376, 509/34 of the Indian Penal Code. The accusation against the petitioner is that he established physical relation with informant since the year 2015 to October 2017 on false promise of marriage.

It would appear from perusal of the first information report itself that informant was major at the time of alleged occurrence and she was a consenting party and, therefore, application of Section 376 of the Indian Penal Code appears to be doubtful.

Patna High Court Cr.Misc. No.14380 of 2018 (2) dt.06-04-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Rohtas at Sasaram in Chenari P.S. Case No. 247 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T