Patna High CourtCR. MISC./79218/2018bail granted

Aditya Kumar v. The State Of Bihar

2019-01-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79218 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA PS District- Gaya ====================================================== Aditya Kumar son of Mithlesh Kumar, resident of Mahatma Gandhi Setu Pul, Gaighat Bridge Colony, P.S. Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sharma For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Mahila P.S. case no. 4/2018 instituted for the offence under Section(s) 376, 504/34 of the Indian Penal Code and Section 12 of POCSO Act. In the written report, it is alleged that on the pretext of performing marriage this petitioner used to establish physical relationship with informant and, ultimately, he refused to marry her on account of non fulfillment of demand of dowry. Learned counsel for petitioner submits that later on both parties have married and they are living jointly. Joint compromise petition has also been filed in the Court below which is annexed as Annexure-2 to bail petition. Lenard counsel further submits that one child has also been born to the couple

Patna High Court Cr.Misc. No.79218 of 2018(2) dt.24-01-2019 2/2 out of the said wedlock.

The petitioner is in custody since 23.10.2018. Considering the aforesaid, let the petitioner, above named, 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 the Addl. Sessions Judge-1 Gaya, in connection with Mahila P. S. case no. 4/2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T