Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54934 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Randhir Kumar, S/o Nagendra Prasad Singh @ Narendra Prasad Singh, R/o Village- Bajitpur, P.S.- Ujiarpur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Meena Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ujiarpur P.S. Case No. 160 of 2017 registered under Sections 376 and 506 of the Indian Penal Code.

The petitioner is said to have established sexual relation with the informant alluring her to perform marriage with her and taken her to Deoghar in car but dropped her on the way at Simariya Bridge and refused to perform marriage with her till

Patna High Court Cr.Misc. No.54934 of 2017 (2) dt.15-12-2017 2/3 fulfillment of dowry demand by his parents.

It is submitted by learned counsel for the petitioner that in medical examination, doctor has found her age above 18 years. Thus the informant was major at the time of occurrence and cohabitation was made with her consent. He demanded passport size photo from the informant, but due to her misbehavior he has changed his idea to perform marriage with her. Now the petitioner is ready to perform marriage with the informant as per his commitment.

Learned counsel for the informant present before the Court also submitted that the victim was major at the time of occurrence and she is also ready to perform marriage with the petitioner and both the parties have also filed compromise petition before the learned court below.

As the victim is major and enjoyed sexual life with the petitioner with her consent and both the parties are ready to perform marriage, hence, in the facts and circumstances of the case, the above named petitioner is directed to be enlarged on provisional bail for six months on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingh Sarai, Samastipur in connection with

Patna High Court Cr.Misc. No.54934 of 2017 (2) dt.15-12-2017 3/3 Ujiarpur P.S. Case No. 160 of 2017.

On furnishing evidence regarding performing marriage by the parties by appearing before the learned court below in person, learned lower court shall confirm provisional bail of the petitioner.

(Prakash Chandra Jaiswal, J) Mishra/- U T