Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40248 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- EAST COLONY District- Munger ====================================================== Badal Kumar, Son of Jyotish Paswan, resident of Chhoti Aashikpur Mungraura Near Durgasthan, Police Station East Colony, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Kumar Sinha For the Opposite Party/s :

Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and the State.

This is an application for regular bail in connection with East Colony Police Station Case No. 20 of 2018 registered for the offences punishable under Sections 376, 504 and 506/34 of the Indian Penal Code.

Allegation against petitioner is that on the pretext of marriage he established sexual relationship with informant and when informant put pressure upon him to marry her, he refused.

It has been submitted on behalf of petitioner that he is innocent and has falsely been implicated in the present case due to money dispute. Both are relative, as such no question arises for settlement of marriage. No paper has been produced

Patna High Court Cr.Misc. No.40248 of 2018(2) dt.13-07-2018 2/2 from the side of informant with regard to their solemnization of marriage. Even the allegation is taken to be true no case under Section 376 IPC is made out since informant is a consenting party. He is in judicial custody since 15.4.2018. Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-1st, Munger, in connection with East Colony Police Station Case No. 20 of 2018.

(S. Kumar, J) sudip/- U T