Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15105 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- PALIGANJ District- Patna ====================================================== AMIT KUMAR Son of Raj Dayal Sao @ Raj Dayal Saw Resident of Village - Akuri, P.S. - Paliganj, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 376, 318, 418 of the Indian Penal Code.

The petitioner is said to have established physical relation with the informant on pretext of marriage and during that course, the informant became pregnant and the petitioner is alleged to have averted her pregnancy and the petitioner denied to solemnize marriage with her. Prior to this said case, the informant, Gita Devi, who is major also lodged a case under Section 498A/34 of the Indian Penal Code on 12.05.2021.

Patna High Court CR. MISC. No.15105 of 2022(2) dt.11-07-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent in connection with Paliganj P.S. Case No. 164 of 2021 as stated at para 3 of the bail petition which was lodged by the informant Gita Devi. The petitioner is in custody since 17.09.2021. Learend counsel for the petitioner further submitted that the informant has married with another person. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Danapur, in connection with Paliganj P.S. Case No. 332 of 2021, with a condition that :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/-Atul U T