Suraj Kumar Singh @ Suraj Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35874 of 2015 (4) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35874 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -KURSELA District- KATIHAR ====================================================== Suraj Kumar Singh @ Suraj Kumar S/o- Jaiprakash Singh @ Gidho Singh, R/o- Koshkipur, P.S.- Tikkapatti, District- Purnea .... .... Petitioner

Versus

1. The State of Bihar.

2. Shobha Kumari @ Shobha Devi D/o- Pramod Paswan, R/o- Dumariya, Rajendra Park, P.S.- Kursela, Distt- Katihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

The petitioner apprehends his arrest in Kursela P.S. Case No. 64/2015, registered for the offences punishable under Sections 366A, 376 of the Indian Penal Code and 3(ii)(x)(xi)(xii) of the SC & ST Act.

The petitioner is alleged to have tried to kidnap the complainant and in accordance with the decision of the Panchayat, the petitioner solemnized marriage with the complainant, thereafter the complainant alleged that accused no. 2 to 5 having armed with different weapons came to her house and abused her and said that she would not be allowed to live with her husband, as she belongs to another caste.

Patna High Court Cr.Misc. No.35874 of 2015 (4) dt.14-12-2015 It is submitted that the case has already been compromised. The victim-complainant is still living with her husband. There is no allegation of abusing the complainant or torturing her against the petitioner.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri B.B. Rai, Judicial Magistrate 1st Class, Katihar in connection with Kursela P.S. Case No. 64 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T