IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11165 of 2009 RAJESH KUMAR @ MANTU, SON OF RAM LALIT MAHTO, RESIDENT OF VILLAGE GORAI, P.S. CHAKMEHSI, DISTRICT SAMASTIPUR Versus STATE OF BIHAR ----------- 3 21.07.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The case is under Sections 420, 406, 376 and 120B/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. From the complaint of the prosecutrix it appears that on false promise of marriage, the petitioner established physical relationship with the prosecutrix. The prosecutrix in the hope of marrying the petitioner continued with the same. When the prosecutrix asked for solemnization of marriage, the petitioner asked the prosecutrix to send her father to his father for negotiation and settlement of marriage. Attempt was made by the father of the prosecutrix but the same failed on account of demand of dowry. Learned counsel for the petitioner submits that it may be a case of cheating or false promise by the petitioner but since the prosecutrix had indulged into physical relationship with the petitioner with consent, no - 2 - case under Section 376 of the I.P.C. is made out. He submits that the word ‘Bazabardasti’ used in the complaint does not show that any force was used by the petitioner either for the first time or subsequently also when the physical relationship continued. Learned counsel for the informant submits that the word ‘Bazarbardasti’ shows use of force but the tenor of the complaint shows that the prosecutrix had consented to it. Petitioner is in custody since 28.11.2008. Considering the above facts and circumstances of the case, and particularly, considering the fact that this is a case of false implication, the application is allowed. Petitioner (Rajesh Kumar alias Mantu) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum-Fast Track Court No.1, Samastipur in connection with S.T. No.65/2009 arising out of Chakmehsi P.S. case No.25/2008. B.T (J.N. Singh, J.)