Premanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2559 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Premanand Singh S/o Baidyanath Singh, R/o Village- Afzalpur Puraina, P.S.- Fatepur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiv Prashant For the Opposite Party/s : Mr. Sri Bharat Lal For the Informant : Sri L.K. Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-02-2018 Heard the counsel for the petitioner and the A.P.P. for the State assisted by the informant.

Petitioner seeks regular bail in Madhubani Mahila P.S. Case No.66 of 2017 instituted for the offence under Sections 328, 376, 313, 504/34 of the I.P.C. and Section 67 of the I.T. Act. Informant in her fard beyan before the Officer-in-Charge of Madhubani Mahila Police Station, on 18.08.2017 has stated that she is employed in Maa Bhawani Jewika Gram Sanghathan in Phulparas Block where Devanand Singh is also working. It has further been stated that she used to go at the residence and office of Devanand Singh. It is further alleged that when she went to the house of Devanand Singh he was not present there but the brother of Devanand was present and they developed intimacy and

Patna High Court Cr.Misc. No.2559 of 2018 (3) dt.09-02-2018 2/2 thereafter she used to talk on mobile and he also promised to marry her and one day he developed physical relationship with her after getting her unconscious and she became pregnant and she was administered medicine for abortion which lead to miscarriage and subsequently he refused to marry her.

Submission of the counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. The story as made in the F.I.R. is false and concocted and he never committed rape or promise to marry with the informant. It has further been submitted that the petitioner has no criminal antecedent and he is in custody since 16.09.2017. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Madhubani, in Madhubani Mahila P.S.Case No.66 of 2017.

(S. Kumar, J) AnilKrSinha/- U