Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65179 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- EAST COLONY District- Munger ====================================================== RAMESH KUMAR Son of Late Sahdeo Yadav Resident of Village - Jagdishpur, P.S.- Jamalpur, District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of East Colony Police Station Case No. 74 of 2019, disclosing offences under Sections 341/504/506/376 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, on the promise that he would marry the informant, established physical relationship with her and after five years, the petitioner refused to marry the informant. Accordingly, the present First Information Report has been lodged alleging rape by the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case in

Patna High Court CR. MISC. No.65179 of 2019(2) dt.04-11-2019 2/2 order to put pressure on him to marry the informant inasmuch as from perusal of the First Information Report itself, it appears that the relationship between the parties continued for a long period of five years and when the same has broken, the present First Information Report has been lodged with pressure tactics. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the relationship between the parties continued for fairly long period of time, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Munger, in connection with East Colony Police Station Case No. 74 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √