Sharwan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52816 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== SHARWAN KUMAR SINGH Son of Kamakhya Narayan Singh @ Kamakhya Narain Singh Resident of Village - Pawat, P.s.- Ara Muffasil, Distt.- Bhojpur.
... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vindhyachal Singh, Sr. Adv.
Mr. Vipin Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard Mr. Vindhyachal Singh, learned senior counsel for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Shahpur PS Case No. 01/2021 registered for the offence punishable under Sections 420/504/506/34 of the IPC. As per First Information Report, the marriage of the niece of informant was finalized with the petitioner and ring ceremony was held on 12.11.2017. The marriage was scheduled to be held on 24.11.2019 but on 15.10.2019, the informant came to know that the petitioner was already married from before due to which the informant's side refused to solemnize the marriage with the petitioner. It is further alleged that a sum of Rs.
Patna High Court CR. MISC. No.52816 of 2021(3) dt.12-05-2022 2/3 2,30,000/- (Two Lacs thirty thousand) was spent in the ring ceremony and other rituals which has been misappropriated by the petitioner and his family members.
Learned senior counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive inasmuch as from perusal of the FIR, it would be evident that no offence under Sections 420/506 and 504 is made out. In the ring ceremony, both sides have incurred expenditure in performing the rituals. He further submits that as of today, both the parties are married and the marriage of the niece of the informant has been solemnized on 11.12.2020 while petitioner's marriage has been solemnized with another girl on 07.07.2021. He next submits that there is an inordinate delay in lodging of the FIR inasmuch as the incident took place between 2017 to 2019 and the FIR has been lodged on 02.01.2021. Petitioner is in custody since 12.07.2021 and the charge-sheet has been submitted.
Regards being had to the submission made by the parties and taking into consideration the nature of allegation and the fact that both the parties have solemnized marriage, petitioner is in custody since 12.07.2021 and the charge-sheet has been submitted, I am inclined to grant regular bail to the
Patna High Court CR. MISC. No.52816 of 2021(3) dt.12-05-2022 3/3 petitioner.
Accordingly, let the petitioner, SHARWAN KUMAR SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur PS Case No. 01/2021.
(Anil Kumar Sinha, J) perwez U T