Tufani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48454 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -SIWAN CITY District- SIWAN ====================================================== Tufani Singh Son of Late Shankar Dayal Singh, Resident of Mohalla - Jai Prakash Nagar, P.S. - Siwan Town, District - Siwan (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2016 In spite of service of notice, O.P. No. 2 has not appeared.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Town P.S. Case No. 115 of 2015 registered for the offences punishable under Sections 376, 323 and 504 of the Indian Penal Code.

This case has been lodged on the basis of complaint petition alleging that the complainant was married to Sudarshan Jaiswal 20 years ago and out of the wedlock there are two sons but her husband became handicapped 10 years ago, resulting she started living in her naihar with her sons as per advice of her

Patna High Court Cr.Misc. No.48454 of 2015 (4) dt.28-01-2016 2/3 husband and there she came in contact with the petitioner and on the assurance of marriage, he developed physical relation with her but now he is not ready to marry with her.

Submission is of false implication and that the complainant/informant is in habit to lodging false cases, she has filed Miscellaneous Case No. 29 of 2005 under Section 125 Cr.P.C. against one Birendra Nonia, vide annexure-2 and Birendra Nonia has filed his show cause in that case, vide Annexure 3 and further in Aadhaar Card her husband name is mentioned as Sudarshan Prasad. The petitioner never lived with the informant/complainant nor he developed physical relation at any point of time with her and, as such, he deserves sympathetic consideration as he is suffering in custody since 20.04.2015. The learned A.P.P. after going through annexure 2, 3 and 4 fairly submits that the informant has filed maintenance case against Birendra Nonia.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Siwan arising out of Siwan Town P.S. Case No. 115 of 2015 subject to the conditions that one of the bailors must be near

Patna High Court Cr.Misc. No.48454 of 2015 (4) dt.28-01-2016 3/3 relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T