Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68456 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== Mukesh Kumar Son of Sri Ram Udgar Mandal, Resident of Village-Baheri, Police Station-Baheri, Distict-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ashfaque Ahmad For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 313, 376 and 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the pretext of marriage, the petitioner is alleged to commit sexual intercourse with the informant and he solemnized marriage with another lady.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The witnesses in paragraphs-17, 18, 44, 45, 46 & 47 of the case

Patna High Court Cr.Misc. No.68456 of 2018(3) dt.17-01-2019 2/2 diary, have not supported the prosecution case. The present case has been instituted only with intention to blackmail the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 37 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T