Patna High CourtCR. MISC./78669/2018bail granted

Tarni Kumar v. The State Of Bihar

2019-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78669 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== Tarni Kumar Son of Satish Laldeo Resident of Village-Mekna,P.s. Bahadurpur,Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 This is an application for grant of anticipatory bail in connection with Mahila (Darbhanga) P.S. Case No. 43 of 2018, disclosing offences under Sections 376, 323, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that on the pretext of marriage he made physical relation with the daughter of the informant and later on refused to marry, for that a Panchayati was also held.

Submission of learned counsel for the petitioner is that the petitioner and the informant both are major and consenting party and in order to pressurize the petitioner for marriage, the present case has been lodged. Further, the petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.78669 of 2018(2) dt.10-01-2019 2/2 Having heard both sides, considering the above submission and from the impugned order it appears that a Panchayati was also held on 27.05.2018 and before the panches, informant's brother had accepted that nobody took away his sister, but she had gone to the market and returned on the same day, in view of the facts and circumstances, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga, in connection with Mahila (Darbhanga) P.S. Case No. 43 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T