Patna High CourtCR. APP (SJ)/2726/2017disposed

Sanjeev Singh @ Kumar v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.2726 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2726 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -SC/ST District- PATNA ======================================================

1. Sanjeev Singh @ Kumar Son of Umesh Singh, resident of Village- Kutri, P.S.- Warsali, District- Nawada.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nilesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard the parties.

The appellant seek is for grant of bail in connection with Mahila P.S.Case No.16 of 2016, registered for offences punishable under Sections 498A, 406, 354, 420/34of the Indian Penal Code and section 3(i)(x) (xi) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is that he married with the informant and took Rs.10 lac from her, which he is not returning now and he has removed the informant of the house. Further allegation is that appellant allowed his brother- in -law to establish relationship with her.

Submission of the learned counsel for the appellant is that the informant is a married lady with other person and a

Patna High Court CR. APP (SJ) No.2726 of 2017 (2) dt.19-09-2017 divorce petition filed by her husband is still pending before the Family Court, Patna. He has annexed the divorce petition along with his application as Annexure-4. Further submission is that he has been falsely implicated in this case and he has remained in judicial custody for about a month. The appellant is ready to abide by any condition imposed upon him.

Heard learned Special P.P. also.

Having heard both sides, this appeal is disposed of with a direction to the learned Special Judge to verify the fact that as to whether the Matrimonial (Divorce) Case No.325 of 2011 filed by the husband of the informant is still pending and on verification of the fact, if it is found that the petition is still pending, he shall release the appellant on bail in connection with Special Case no.126 of 2016 arising out of Mahila P.S.Case No.16 of 2016 to his own satisfaction; otherwise shall pass an appropriate order.

(Vinod Kumar Sinha, J) chn/- U T