Patna High CourtCR. MISC./68065/2018disposed

Pardeep Singh @ Pradeep Kumar v. The State Of Bihar

2018-11-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68065 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- PHULWARIYA District- Gopalganj ====================================================== Pardeep Singh @ Pradeep Kumar Son of Mahatam Singh, Resident of Village- Dhanachak, P.S. Phulwariya, District Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Prasad Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-11-2018 The petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 119 of 2018, registered for offences punishable under Sections 438, 376, 120(B), 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of commission of physical relationship with the informant on the plea of marriage and later on he refused to marry.

Submission of learned counsel for the petitioner is that the statement of girl recorded under Section 164 Cr.P.C., in which she has stated that with her sweet will she has married with the petitioner and after the instigation of her mother, she lodged the present case against the petitioner and he is in judicial custody since 17.08.2018 and the petitioner is still ready to keep her.

Patna High Court Cr.Misc. No.68065 of 2018(2) dt.29-11-2018 2/2 Heard learned A.P.P. as well as learned counsel for the informant and after some arguments, they submitted that the victim is also ready to live with the petitioner. Having heard both sides, in view of the above facts, this application is disposed of with a direction that the petitioner to file an application before the learned court below that he is ready to keep the victim and the learned court below shall issue notice to the victim and find out as to whether she is ready to live with the petitioner or not, if she is ready, the learned court below shall release the petitioner on bail to its own satisfaction. It is also made clear that if the informant is not ready to live with the petitioner, then also the learned court below shall release the petitioner on bail.

(Vinod Kumar Sinha, J) Sunilkumar/ Amjad/- U T