Pramendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2605 of 2022 Arising Out of PS. Case No.-208 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Pramendra Kumar Son of Satyendra Kumar @ Satyendra Prajapati Resident of village Manar, P.S- Daudnagar, Dist- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lalita Kumari Daughter of Rameshwar Choudhary R/o Village Bhadwa, P.SRafiganj, Dist- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Singh, Adv.

For the Respondent/s :

Mr. Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2022 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Special Public Prosecutor for the State.

As per prosecution case, it has been alleged by the informant who is major that the appellant and informant/ respondent no.2 are well known to each other, and were, in talking terms and subsequently become agree to marry with each other. It has been alleged that in the name of marriage, there was sexual relation developed between them. Subsequently the informant/ respondent no.2 has stated in the F.I.R. that drama of marriage has been made in Sun Temple, Daudnagar on 24.04.2020 and they resided together from

Patna High Court CR. APP (SJ) No.2605 of 2022(3) dt.14-11-2022 2/3 24.04.2020 to 04.07.2020, thereafter, the appellant has left the informant due to intervention of the guardian. Altercation took place between both the families and subsequently the present case has been filed.

Learned counsel for the appellant submits that under unfortunate circumstances this case has been filed. He further submits that presently both the parties and their relatives realize the situation and amicably settled the dispute between them. He also submits that a compromise petition has been filed, in which both the parties have put their signature which is Annexure-2. Learned counsel for the appellant submits that marriage of informant/respondent no.2 was solemnized at different place and she is leading her happy marital life. He further submits that appellant is in custody since 17.06.2022, his antecedent is clean and charge sheet has already been filed in this case. Learned counsel for the respondent no.2 submits that after marriage of informant/respondent no.2, she is living her happy conjugal life and not interested to pursue this case. Learned Special Public Prosecutor also submits that settlement took place between the parties, therefore, a sympathetic view may be taken in this appeal. In the present facts and circumstances of this case and

Patna High Court CR. APP (SJ) No.2605 of 2022(3) dt.14-11-2022 3/3 the submissions made above, let the appellant above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge (SC/ST), Aurangabad in connection with Daudnagar P.S. Case No. 208 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

The order dated 07.07.2022 passed by 1st Additional District and Sessions Judge (SC/ST), Aurangabad in B.P. No. 654 of 2022 arising out of Daudnagar P.S. Case No. 208 of 2020 is hereby set-aside.

With this observation, the criminal appeal stands allowed.

(Dr. Anshuman, J.) ritik/- U T