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Patna High CourtCR. MISC./42602/2021bail granted

Uma Shankar Rai v. The State Of Bihar

2022-01-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42602 of 2021 Arising Out of PS. Case No.-689 Year-2013 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Uma Shankar Rai Son of Ram Bilash Rai Resident of Village - Chaukiya, P.S.- Krishna Brahm, Distt.- Buxar at present Resident of Village - A.S.I., B.M.P.-12, Saharsa Camp, Katihar, P.O. and P.S. and Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Ram Sewak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard both parties.

The petitioner seeks bail in Sasaram (Muffasil) P.S. Case No. 689 of 2013, registered for the offence punishable under Sections 420, 467, 480, 376 of the Indian Penal Code. As per the FIR, this petitioner took away the informant from Sasaram to Buxar and after giving sedate in her breakfast, got her married to his deaf and dumb brother. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and at the relevant time petitioner was posted as ASI, Sasaram Mahila Battalion, Beda, Sasaram and the informant/victim was also posted as Jharukas. The marriage was solemnized with her consent. The photographs of marriage clearly demonstrates that

Patna High Court CR. MISC. No.42602 of 2021(4) dt.03-01-2022 2/2 marriage ceremony was not performed in intoxicated condition. Even if the entire allegation is taken to be true, no case under Section 420 IPC is made out. Petitioner is in custody since 15.03.2021 having clean antecedent. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, 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 the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 689 of 2013. (Prabhat Kumar Singh, J) vinita/- U T