Surendra Kumar @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53005 of 2021 Arising Out of PS. Case No.-730 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SURENDRA KUMAR @ SURENDRA YADAV S/O LATE KEDAR PRASAD R/o village- Gopkita, P.S.- Pandarak, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Kumari D/o Late Shashi Bhushan Prasad R/o village- Bhetgaon, P.S.- Barh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shilpi Keshri For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and learned counsel for the opposite parties.
The petitioner apprehends his arrest in connection with Complaint Case No. 730(C) of 2017 registered under Sections 376 and 384 of the Indian Penal Code, 1860. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that on perusal of Annexure Nos. 1 and 2, it appears that complainant (Opposite Party No. 2) has filed a complaint case against the petitioner and thereafter, petitioner has withdrawn the Cr. Misc. No. 31592 of 2018. Further on perusal of Annexure-4, the
Patna High Court CR. MISC. No.53005 of 2021(2) dt.20-12-2021 2/2 marriage of the complainant and the petitioner was solemnized with the consent of the complainant, which was registered and in this regard, the marriage certificate was issued. Hence, no offence under Sections 376 or 384 of the Indian Penal Code is made out against the petitioner.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four 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 A.C.J.M. - 2, Barh, Patna in connection with Complaint Case No. 730(C) of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
utkarsh/- (Arvind Srivastava, J) U T