Umesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11489 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- MAHILA P.S. District- Madhubani ====================================================== UMESH KUMAR SINGH Son of Krishndev Singh @ Krishndev Mahto Resident of Village- Bardahi, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 313, 323, 341, 504, 506 of the Indian Penal Code.

Allegedly, petitioner is said to have cohabited with the informant on the pretext of marriage and developed physical relations as a result of which she got pregnant. Thereafter, when she asked him for marrying with her, he denied for the same and solemnized marriage with another girl.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.11489 of 2023(2) dt.11-05-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. As there is allegation against the petitioner that he denied to marry with the complainant but later on both the parties solemnized marriage with each other on 09.12.2022, which is also evident from Annexure 2. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case and the statement made in para 10 of the bail application, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No. 42 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C with a condition that the informant i.e. the wife of the petitioner, namely, Archana Kumari will be one of the bailors.

(Anjani Kumar Sharan, J) divyanshi/- U T