Md. Sajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22929 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -BANKA District- BANKA ====================================================== Md. Sajan son of Md. Samsul, resident of village- Naya Tola Ajad Nagar, P.s. Barahat, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 493 and 420 of the I.P.C. The prosecution story, in brief, is that the informant's negotiation for marriage was settled with the petitioner two years ago, but being the resident of same village they continued to meet with each other. On such meeting both of them have developed physical relationship. Thereafter petitioner had gone out side and returned in the village after long gap. Then both of them with consent again established physical relationship. On 14.1.2016 the informant came to know that petitioner is going to be married with another lady. Then the informant along with brother-in-law came to the house of petitioner and met with him, but the petitioner

Patna High Court Cr.Misc. No.22929 of 2016 (4) dt.31-08-2016 2/2 refused to perform marriage with the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.01.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to village politics. He denies the allegations of any physical relationship with the informant. He has already remained in custody for about eight months.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. case No.29 of 2016.

(Sudhir Singh, J) Narendra/- U T