Patna High CourtCR. MISC./55484/2018bail granted

Bibhas Kumar v. The State Of Bihar

2018-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55484 of 2018 Arising Out of PS.Case No. -102 Year- 2017 Thana -LODIPUR District- BHAGALPUR ====================================================== Bibhas Kumar S/o Jadunandan Yadav, R/o Vill.- Khutha, P.S.- Lodipur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Lodipur P. S. Case No. 102 of 2017 for the offences registered under Sections 376, 341, 323, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the informant, a major girl, had established physical relationship with the petitioner out of her own sweet will and when the petitioner refused to marry her, the instant case has been instituted. There is no truth behind the allegation made in the FIR that on false pretest of marriage, the informant had established the physical relationship with the petitioner.

Patna High Court Cr.Misc. No.55484 of 2018 (2) dt.20-09-2018 2/2 Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioner. Regard being had to the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 102 of 2017 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Kanchan/SkSuman.

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