IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2811 of 2010 HARSHAVARDHAN KUMAR,son of Rajendra Kumar Versus 1. THE STATE OF BIHAR 2. Renu Kumari,daughter of Deoki Nandan Prasad ----------- 02/ 06-04-2010 Heard Mr. Ashutosh Kumar, learned counsel appearing for the petitioner and Mr. Rajendra Singh Shastry, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a prosecution under Section 493 of the Indian Penal Code, which is based on protest petition filed by the complainant. It is submitted by the learned counsel for the petitioner that originally the complainant had filed a Complaint case No.2747-C of 2007, which in terms of Section 156(3) Cr.P.C. gave rise to Kadam Kuan P.S,Case No.590 dated 11-10-2007, registered under Sections 406/420/376 of the Indian Penal Code. It is further submitted by the learned counsel for the petitioner that even according to prosecution case, some sort of marriage negotiation was going on between the complainant and the petitioner and thereafter on assurance of marriage they were having physical relationship between them. However, on close of investigation prosecution allegation was found to be false by the Investigating officer and final report was submitted on 26-02-2008 showing it as a mistake of fact. The complainant appears to have filed protest petition vide Annexure-1, giving rise to Complaint Case No.3309-C/2008 and after enquiry under Section 202 Cr.P.C. cognizance has been taken only against the petitioner under Section 493 of the Indian Penal Code. It is also 2 submitted by the learned counsel for the petitioner that even if the entire prosecution case is accepted, for the time being, for the argument sake, though not admitted, yet offence under Section 493 is not attracted. Learned counsel for the State has not disputed the aforesaid proposition. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in Protest Complaint Case No.3309-C of 2008, the above named petitioner shall be released on 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 Chief Judicial Magistrate, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)