Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77696 of 2024 Arising Out of PS. Case No.-361 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Ravi Ranjan Kumar S/O Mahesh Prasad R/O Village- Tarapur, P.S.- Ekanagar Sarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Murari Mishra, Advocate For the State :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-11-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Alamganj P.S. Case No. 361 of 2024 for the offences punishable under Section 376 of the Indian Penal Code, lodged on 30.04.2024 by the informant, Neha Kumari.
3. As per the prosecution story, the informant who is serving as a A.N.M in the Primary Health Centre, Guljarbagh, Patna alleged that the petitioner who is serving in the Ground-D job at Hazarat Nizamuddin, New Delhi were studying together in Class 9th when in the garb of putting vermilion on her head, established physical relationship. When the lady asked for proper marriage, it was refused on the ground that both do not belong to the same caste. The allegation is that they wanted Rs.25,00,000/- and in the meantime, continued physical
Patna High Court CR. MISC. No.77696 of 2024(2) dt.12-11-2024 2/3 relationship for seven long years, this led to the F.I.R.
4. Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that only to put pressure on him to solemnize marriage as he is in the government job, the F.I.R. There is no allegation of rape, rather, the allegation is that promising marriage, the physical relationship was established. He submits that the lady is major and was well aware of the relationship that she alleges continued between the accused and her.
5. Learned APP for the State opposes the prayer submitting that she has made allegation of putting vermilion and establishing physical relationship.
6. Considering the submissions put forward by the parties as also the fact that the allegation is of establishing relationship in the garb of marriage, both are major, are in job, F,I.R. lodged, it has undertaken by learned counsel for the petitioner that he shall be diligently appearing in trial, is in custody since 20.07.2024 (paragraph no.11 of the petition) having no criminal antecedent, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.77696 of 2024(2) dt.12-11-2024 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, Patna, in connection with Alamganj P.S. Case No. 361 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T