← Library
Patna High CourtCR. MISC./45942/2024allowed

Dinbandhu Sah @ Dinbandhu Kumar v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45942 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- RANIGANJ District- Araria ====================================================== DINBANDHU SAH @ DINBANDHU KUMAR SON OF UDAYNAND SHAH RESIDENT OF VILLAGE - BARIYARPUR, WARD NO. 09, P.S. - NARPATGANJ, P.O. - SIMARBANI, DISTRICT - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh For the Informant :

Mr.Ramesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 365, 376, 504, 506 of the IPC. 3.

Allegation against the petitioner is that on the promise of marriage, he established physical relation with the victim. Thereafter, he married her and left her.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.45942 of 2024(2) dt.24-07-2024 2/2 general and omnibus in nature. He submits that the informant is a major and sexual relationship made between the informant and the petitioner was by mutual consent. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner demanded Rs.10,00,000/- from the informant and when the demand was not fulfilled, petitioner left her. 6.

Having regard to the facts and circumstances of the case, as the victim is a major, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Raniganj P.S. Case No.132 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T