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Patna High CourtCR. MISC./23705/2020allowed

Ganesh Kumar v. The State Of Bihar

2020-12-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23705 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== GANESH KUMAR, Son of Late Ram Sawroop Ram, Resident of Village - Mahadeo Nagar, P.S.- Sheikhpura, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 376, 406, 504 and 506/34 of the Indian Penal Code.

Prosecution case in brief is that as per FIR, petitioner was making physical relation with the informant since 2012 for giving greed of doing marriage. When the informant stated regarding the marriage to the petitioner, then he ignored. It is alleged that the informant's mother had also given Rs. 1,00,000/- (one lac) to the petitioner for getting his service. On

Patna High Court CR. MISC. No.23705 of 2020(5) dt.01-12-2020 2/3 07.07.2019 petitioner told her on telephone that if her brother will give Rs. 12,00,000/- (twelve lac) to him then he will be solemnized marriage with her. On 14.08.2019 the brother, sister and mother of the petitioner came at the house of informant and demanded Rs. 2,00,000/- (two lac) then the informant and her brother told them that they are unable to fulfill their demand. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. When the petitioner got a Government job then the informant and her family members have made pressure for marriage and the family members of the petitioner were denied then the present case has been lodged. The petitioner is in custody since 18.03.2020.

The petitioner has got no criminal history which is mentioned in para 3 of the bail application. Learned counsel for the petitioner further submits that the petitioner is unmarried and working as a Railway Department then the informant and her family members have made absurd story to falsely implicated the petitioner. The victim is sister-in-law of the cousin brother of the petitioner. He further submits that the victim is major aged about 26 years. Learned APP for the State has opposes the prayer for bail.

Patna High Court CR. MISC. No.23705 of 2020(5) dt.01-12-2020 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sheikhpura (Mahila) P.S. Case No. 56/2019 to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sheikhpura.

(Anjani Kumar Sharan, J) amitkumar/- U T