Single judge Coram enlarged the petitioner on bail in an accusation regarding dowry/prospective marriage involving IPC 376, 420, and 506 offences, subject to bond and sureties.
Enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74336 of 2019
Arising Out of PS. Case No.-93 Year-2019 Thana- MAHILA P.S. District- Patna
======================================================
AASHU @ ASHU, aged about 26 years, Male, Son of Subhash Lal, Resident of Village - Sultanpur Lodhi, P.S.- Kapurthala, District- Kapurthala, Punjab.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamlesh Kumar Pathak For the Opposite Party/s : Mr.Raj Ballabh Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 11-12-2019
Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant.
The petitioner seeks bail in Mahila P.S. Case No.93 of 2019, registered under Sections 376, 313, 420, 504 and 506 of the Indian Penal Code.
The victim alleged that her cousin introduced her with the petitioner and the victim came on the assurance of providing job. The victim started living with the petitioner and she became pregnant but the petitioner got her aborted without her consent. The victim disclosed that the petitioner had assured her to marry but later on the victim came to know that the petitioner was married with one Arti.
Learned counsel for the petitioner submits that from the
Patna High Court CR. MISC. No.74336 of 2019(3) dt.11-12-2019 2/2
contents of the FIR as well as the statement made by the victim under Section 164 Cr.P.C., it would be crystal clear that the victim was in live in relation with the petitioner and when the petitioner did not marry with the victim, she lodged the case making false allegation of assurance to get married with her.
Learned counsel for the informant vehemently opposed the prayer for bail and submits that that the petitioner cheated Rs.60,000/- from the victim.
It appears that the victim is an adult and she was having physical relation with the petitioner with her own will and consent but when she failed to get herself married with the petitioner, she lodged this case. The petitioner is in jail since 23.08.2019.
Considering the facts aforesaid, the petitioner, above named, is directed to be enlarged 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 Judicial Magistrate, 1st Class, Patna in connection with Mahila P.S. Case No.93 of 2019.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the настоящая criminal case.
2 provisions across 2 enactments
AASHU @ ASHU
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
