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Patna High CourtCR. MISC./50213/2015bail granted

Bimlesh Kumar @ Bimlesh Singh @ Karu Singh v. State Of Bihar And ANR

2016-02-26Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50213 of 2015 Arising Out of PS.Case No. -117 Year- 2005 Thana -SIKANDARA District- JAMUI ======================================================

1. Bimlesh Kumar @ Bimlesh Singh @ Karu Singh Son of Ram Nandan Singh resident of village - Barsa, P.S. Kasari (Ariyari), District - Sheikhpura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Runni Kumari Wife of Pintu Kumar, D/o Madan Mohan Singh R/o village - Jodhan Bigha, P.S. Sheikhpura Sarai, District - Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 494, 498 A and 120 B of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Allegedly, the petitioner being the husband of Runni Kumari, the daughter of the informant, in collusion and conspiracy with the other co-accused started torturing her for fulfilling the demand of motorcycle. However, the informant gave Rs. 25,000/- and the matter was amicably settled and again they started

Patna High Court Cr.Misc. No.50213 of 2015 (4) dt.26-02-2016 2/2 demanding Rs. 1,00,000/- and ultimately the petitioner arranged second marriage on 23.05.2005 and ousted the daughter of the informant from the in-laws house after snatching her belongings. Submission is of false implication and that this case has been lodged with wrong allegations, the petitioner never demanded anything nor tortured the daughter of the informant, no other material has come during investigation and only on the statements of the family members charge sheet has been submitted, the petitioner has voluntarily surrendered on 31.07.2015 and thereafter he was released on provisional bail by order dated 10.11.2015, there is no chance of tampering with the prosecution evidence.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner has arranged second marriage. In the facts and circumstances as stated above, the provisional bail granted to the petitioner by the order dated 10.11.2015 in connection with Sikandara P.S. Case No. 117 of 2005 pending in the court of S.D.J.M. Jamui, is hereby confirmed. (Jitendra Mohan Sharma, J) Abhay/- U T