Dinesh Sah @ Dinesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33702 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== Dinesh Sah @ Dinesh Sao, S/o Kailash Sah, Resident of Vill- Satgawan, P.S.- Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Pramod Parpati, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 This is an application for grant of anticipatory bail in connection with Pakribarawan P.S. Case No. 62 of 2019, disclosing offence under Section 366 of IPC.

Prosecution case is that petitioner is brother-in-law (Mamera Bahnoi) of the informant and he called her, take her to Chandrika Ashtan Temple and forcibly married with her and thereafter, she was brought to Munger Court Complex where also a document of marriage was created. However, on seeing the police party, she raised hulla and petitioner succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted. As a matter of fact, she married with the petitioner and on the pressure of her family members, now she is denying her marriage.

Patna High Court CR. MISC. No.33702 of 2019(3) dt.02-08-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for anticipatory bail on the ground that she forcibly married with the petitioner and she has supported the prosecution case in her statement under Section 164 of Cr.P.C. Further submission is that in this case, the girl was not ready for her examination by the Medical Board.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri Bimlesh Kumar, learned Judicial Magistrate 1st Class, Nawada, in connection with Pakribarawan P.S. Case No. 62 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to co-operate the Investigating Officer and appear before the police as and when required.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T