Binod Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8599 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- MAHILA PS District- Gopalganj ====================================================== BINOD KUMAR SINHA Late Sitaram Sah Resident at Chunna Gali, P.S. and District-Gopalganj (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Gopalganj Mahila P.S.Case No. 32 of 2018, registered for offences punishable under Sections 354 B and 506 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of making viral of photographs of the informant showing her as a married wife of the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has not committed the alleged offence and the petitioner is Director/ Organizer and the informant was Principal of the Bhairvi Sangeet Mahavidyalay and the informant is a major girl and they were living since long as husband and wife. It is also submitted that the petitioner has filed a Matrimonial Case No. 187 of 2018 before the Court of

Patna High Court Cr.Misc. No.8599 of 2019(2) dt.13-02-2019 2/2 learned Principal Judge, Family Court, Gopalganj for restitution of conjugal rights under Section 9 of Hindu Marriage Act is still pending in the Family Court and only to save her skin this case has been lodged against the petitioner and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Gopalganj (Mahila) P.S.Case No. 32 of 2018 , to the satisfaction of learned S.D.J.M., Gopalganj, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court and further condition not to harass the informant in any way, otherwise she may move for cancellation of the bail bond of the petitioner. (Vinod Kumar Sinha, J) sudha/- U T