Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50361 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Sonu Kumar Son of Binod singh Resident of Village- Budhaul Police Station -Fatehpur District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Civil Lines P.S. Case No. 168 of 2015 registered for the offences punishable under Sections 420, 468, 471, 120(B)/34 of the Indian Penal Code. Allegedly, the petitioner on the basis of false affidavit married to Prabhawati Devi @ Prabha Devi, the wife of the complainant.

Submission is of false implication and that the petitioner and Prabhawati Devi performed marriage and sworn affidavits, earlier also the complainant/informant has lodged Belaganj P.S. Case No. 155 of 2011 wherein he is on bail, the petitioner has not used any forged document and he is suffering in custody since 12.08.2015. The wife of the complainant/informant is major one and she out of her own will is living with the

Patna High Court Cr.Misc. No.50361 of 2015 (2) dt.04-01-2016 2/2 petitioner. The petitioner was not aware regarding her marriage with the complainant.

Learned A.P.P. opposes the prayer of bail by submitting that the petitioner arranged marriage with the wife of the complainant/informant without taking divorce. In the facts and circumstances stated above, considering the custody of the petitioner and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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., Gaya arising out of Civil Lines P.S. Case No. 168 of 2015 subject to the conditions that one of the bailors must be near 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