Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13585 of 2020 Arising Out of PS. Case No.-424 Year-2017 Thana- MASAUDHI District- Patna ====================================================== GAUTAM KUMAR Son of Kailash Gupta Resident of Kalyanpur, P.S.- Karpi, Distt - Arwal.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Tilak Sao For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 365 of the Indian Penal Code. Prosecution allegation, in short, is that the accused person established physical relationship with the sister of the informant and later denied with the marriage. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was married with the victim out of

Patna High Court CR. MISC. No.13585 of 2020(3) dt.27-08-2020 2/2 love affairs. Subsequently, the victim has left the petitioner. For the said purpose, a sanha was also instituted by the petitioner vide Annexure-2 to the present application in respect of missing of the victim prior to the institution of the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri B.N. Tripathy, J.M. 1st Class, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 424/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Pankaj/- (Sudhir Singh, J) U T