IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31436 of 2010
RAJEEV KUMAR, SON OF SATENDRA PASWAN, RESIDENT OF VILLAGE MINAPUR
BALHA, POLICE STATION PIPARAHI, DISTRICT-SHEOHAR.
.....Petitioner.
Versus
THE STATE OF BIHAR .....Opposite Party.
For the Petitioner : Mr. Manish Kumar (Adv.)
For the State : APP.
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02/ 25.08.2010 Heard learned Counsel for the
petitioner and learned Counsel for the State.
The petitioner seeks bail in this case
which has been registered under Sections 376,
493 and some other Sections of the Indian
Penal Code. Initially the complaint was filed
which was sent to police and the First
Information Report was registered.
According to the complainant/informant,
the victim with tacit approval from her other
family members were residing in one room
along with other family members. The
petitioner and the victim developed intimacy
leading to establishment of physical
relationship and on account of that she
became pregnant. After her pregnancy
developed the petitioner has refused to marry
her.
Submission is that it was a voluntary
relationship and no case under Sections 376,
496 and 493 of the Indian Penal Code is made
2
out. It is impossible that entire family
members are living in a room and sexual
relationship can be developed without
consent.
Considering the facts and circumstances
of the case, the above named petitioner is
directed to be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional
Judicial Magistrate/court concerned, Sheohar
in connection with Piparahi P.S. Case No. 43
of 2010.
(Shyam kishore Sharma, J.)
kksinha/-