Rishav Sharma @ Champak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72509 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Rishav Sharma @ Champak, Son of Arjun Prasad Resident of MohallaKaimashikoh, Police Station- Chowk, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Mouar, Advocate For the Opposite Party/s :
Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Mahila P.S. Case No.62 of 2019, registered for the offence punishable under Sections 376, 420/34 of the Indian Penal Code.
The victim girl has herself lodged an FIR showing her age as 22 years wherein she has stated that on the impression of entering into the marriage, both have entered into sexual relationship.
Counsel for the petitioner submits that it is a case of consensual sex, so in that circumstances, it cannot be said that the petitioner has committed any forceful sex with the
Patna High Court CR. MISC. No.72509 of 2019(3) dt.15-07-2020 2/2 victim.
Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XVII, Patna in connection with Mahila P.S. Case No. 62 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T