Anticipatory bail application in a case involving allegations of sexual relationship resulting in pregnancy and alleged forcible abortion. The court allowed the application, directing enlargement on bail upon arrest or surrender with conditions including personal appearance before the court below.
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bIN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47283 of 2024
Arising Out of PS. Case No.-58 Year-2022 Thana- BALIGAON District- Vaishali
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Deepak Kumar S/O Surendra Paswan R/O Village-Chakjado,P.S.Baligaon,Distt- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Adv. For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 06-12-2024
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case in connection with Baligaon P.S. Case No. 58 of 2022 dated 05.06.2022 registered for the offences punishable under Sections 341, 323, 313, 376, 504, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant got married to one Chhotu Rajak who left her after the marriage. Further, she met a boy namely Deepak Kumar (petitioner) who allured her and started making physical relationship with her and as a result of which she got pregnant. Further, the accused and his family members along with 4-5 co-accused persons
Patna High Court CR. MISC. No.47283 of 2024(4) dt.06-12-2024 2/3
sprinkled intoxicated substance on informant’s mouth and took the informant to the hospital and got her operation done. The informant suspects that the hospital manager along with the petitioner and the relavtives have killed the child and threw the body somewhere. She was also kept at the house of the coaccused, Mina Devi where they removed the informant’s stitches.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further submitted that earlier the petitioner has also filed a case against the informant’s sister registered under Sections 147, 148, 149, 341, 323, 324, 302, 120B of the Indian Penal Code and 3(1)(a)(r)(s)/3(2)(va) of SC/ST Act. The victim is a major girl who knows the consequence of the act of the petitioner. It has further submitted that the informant has already married to one Chhotu Rajak. Learned counsel has further submitted that the victim girl and the petitioner chose to have physical relationship with their own will. Learned counsel has further submitted that no any medical prescription regarding the operation of the informant has been filed on behalf of the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused, Mina Devi has
Patna High Court CR. MISC. No.47283 of 2024(4) dt.06-12-2024 3/3
already been granted regular bail by this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 21310 of 2023.
5. Learned A.P.P. for the State has opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 58 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J)
1 issue framed by the court
Whether the petitioner apprehending arrest in Baligaon PS Case No. 58 of 2022 under Sections 341/323/313/376/504/506/34 IPC should be granted anticipatory bail.
2 provisions across 2 enactments
Deepak Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
