Barjahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10077 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Barjahan S/o Abdul Khalik , R/o Village- Chakandara, P.S.- Kochadhaman , District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Mahila PS case no. 08 of 2017 registered for the offences punishable under Sections 376, 406, 420, 323, 504 and 506 of the Indian Penal Code.

The allegation of the informant is regarding petitioner alluring her on the pretext of marriage and making physical relationship with her for about two years, but thereafter not marrying her.

The learned counsel for the petitioner submits that the victim girl is an adult and if at all the allegations are treated to be of any evidentiary value, the same can be said to be consensual in

Patna High Court Cr.Misc. No.10077 of 2018 (2) dt.21-02-2018 2/2 nature. It is further submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Kishanganj, in connection with Mahila PS case no. 08 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T