Suraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54990 of 2016 (3) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54990 of 2016 Arising Out of PS.Case No. -157 Year- 2016 Thana -DIGHA District- PATNA ====================================================== Suraj Kumar, Son of Doman Ram, resident of Village- Kurji Balupar, Police Station- Digha, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Digha P.S. Case No. 157 of 2016 registered under Sections 376 and 120(B)/34 of the Indian Penal Code.

The accusation is that informant was married with Navnit Singh. After passing over three years of her marriage, she came to touch with petitioner due to that reason relation of informant with her husband became strained. Thereafter, on 09.01.2016, counseling took place, in which, it was decided to take divorce. Thereafter, petitioner with consent of his family members took the informant to his house and started living together as husband and wife. In the meantime, parent of

Patna High Court Cr.Misc. No.54990 of 2016 (3) dt.11-01-2017 petitioner fixed his marriage with another lady. When the informant made protest then she was assaulted by the petitioner and his parent and also threatened of dire consequences. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant has already married with Navnit Singh and she used to came at the house of the petitioner for domestic purpose and the petitioner alongwith his family members has falsely been implicated in this only to put pressure on the petitioner to perform the marriage with the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna, in connection with Digha P.S. Case No. 157 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T