Gopal Sao @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27180 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Gopal Sao @ Gopal Kumar Son of Nandelal Sao @ Nandlal Prasad resident of village - Karma Tand, Police Station - Kawakole in the district of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 498(A), 323, 341,34,504 of the Indian Penal Code.

The prosecution case, in short, is that the marriage of the informant was solemnized with the petitioner and on 24.9.2013 both have filed affidavit of marriage before the Notary Public, Nawadah and thereafter both started living together as husband and wife.After some days Nandelal Sao, Indu Devi started telling her to go in her Maike because they will perform marriage again of their son and all the accused persons always assaulted her for dowry and demanded Rs. 2 lacs. The accused persons refused to keep her for which a Panchayati was held but

Patna High Court Cr.Misc. No.27180 of 2015 (2) dt.23-07-2015 2/2 they did not obey the matter of Panchayati.

It has been submitted on behalf of the petitioner that , in fact, no marriage has taken place between the petitioner and the informant. Further it is submitted that the informant had married one Pankaj Kumar and she has filed Complaint Case No. 937 of 2012 for offence under Section 498(A) of the Indian Penal Code against him also. It is further submitted that the petitioner has been falsely implicated in the present case for ulterior motive. The petitioner has no criminal antecedent.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawadah in connection with Nawadah Mahila P.S.Case no. 3 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U