Patna High CourtCR. MISC./81534/2019bail granted

Somen Kumar v. The State Of Bihar

2020-03-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81534 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== SOMEN KUMAR Son of Baijnath Saw Resident of Village - Panjabi Muhalla, P.S.- Lakhisarai, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Babita Kumari, Adv For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,420,341,323,325,504/34 I.P.C.

The FIR would reveal that the informant aged about 23 years was in physical relation with the petitioner as the petitioner had promised to marry with her. Later on petitioner married with her. The aforesaid fact does not show that the offence of rape is prima facie made out against the petitioner for the purpose of consideration of this prayer for bail. Investigation of the case is already complete. There is no material to substantiate that petitioner is going to tamper with the evidence or hamper the trial.

Patna High Court CR. MISC. No.81534 of 2019(3) dt.20-03-2020 2/2 Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahila P.S. Case No.23 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case as well as the petitioner shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T