Raj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26994 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== Raj Kumar Sah S/O Manit Sah Residing At Dehariya, Near Old Shiv Mandir, P.S And District-Katihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Chandra Patel, Adv.
For the Opposite Party/s :
Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 504, 506, 406 of the Indian Penal Code and 66(B) (c) (D), 67 of I.T. Act. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that informant herself married with the son of the petitioner
Patna High Court CR. MISC. No.26994 of 2021(2) dt.16-12-2021 2/3 namely Ravi Kumar by her own wish thereafter both persons sworn affidavit on 19.04.2017 and have declared about their marriage. He submits that husband of the informant filed an application for the said affidavit of marriage for confirming valid marriage before the marriage Office, Patna for certificate of the marriage and granted marriage certificate on 02.06.2017. He submits that a Matrimonial Case No. 288 of 2020 was filed before the Principal Judge, Family Court, Katihar on 18.12.2020 by Ravi Kumar and notice has also been issued to the informant, soon after receiving the notice the present FIR was lodged on 12.01.2021.
Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation levelled against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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
Patna High Court CR. MISC. No.26994 of 2021(2) dt.16-12-2021 3/3 No. 07 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T