Pando Sharma @ Pandaw Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40736 of 2019 Arising Out of PS. Case No.-78 Year-2015 Thana- MAHILA P.S. District- Saharsa ====================================================== PANDO SHARMA @ PANDAW SHARMA Son of Dular Chand Sharma @ Dular Chandra Sharma Resident of Village- Situaha Purnwas, P.S.- Salkhua, District- Saharsa.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Saharsa Mahila P.S. Case No. 78 of 2015, instituted for the offence under Section(s) 341, 323, 376, 504 and 506/34 of the Indian Penal Code.

It is alleged in the written report that petitioner on the pretext of performing marriage with informant, established physical relationship with her, on account of which, she became mother of one child.

Counsel for the petitioner submits that prior to lodging of this First Information Report the informant was already married under Mukhya Mantri Kanya Vivah Yojana,

Patna High Court CR. MISC. No.40736 of 2019(2) dt.05-07-2019 2/2 with Rajeev Sharma, copy of which has been enclosed as Annexure-2. From the written report it also appears that physical relationship was going on with the informant with her consent.

Petitioner is in custody since 19.3.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Judicial Magistrate, 1st Class, Saharsa, in connection with Saharsa Mahila P.S. Case No. 78 of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T