Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8090 of 2020 Arising Out of PS. Case No.-441 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== Ajeet Kumar Son of Bulak Mahto Resident of Village - Sakraudha, Post Office - Saristabad, P.S.- Ghosi, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2020 This matter has been listed under heading "For Orders(On Office Notes)" but the office report reflects that the case diary has already been received.

In the aforesaid circumstance, this petition is being disposed of on merit with consent of the parties. Heard learned counsel appearing for the petitioner as well as learned A.P.P. for the State.

Petitioners are in jail custody since 24.11.2019 in connection with Islampur P.S. Case No. 441/2018 registered under Section 376 of the Indian Penal Code.

Petitioner happens to be own brother-in-law of the informant, who claimed that petitioner established physical relation with her on false pretext of marriage. The informant has supported the aforesaid accusation in her statement recorded

Patna High Court CR. MISC. No.8090 of 2020(3) dt.19-03-2020 2/2 under Section 164 of the Code of Criminal Procedure. However, it is an admitted possession that at the time of alleged occurrence, the informant was mother of two children. Submissions on behalf of the petitioner is that the husband of informant died on 25.5.2018 and, thereafter, the informant went to her parental home where she started residing and the family members of informant pressurized the petitioner as well as his other family members to solemnize his marriage with the informant but petitioner as well as his family members refused to oblige the informant as well as her other family members as a result whereof, the informant brought this false case against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let 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 Additional Chief Judicial Magistrate 3, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 441 of 2018.

(Hemant Kumar Srivastava, J) Spd/- U T