Patna High CourtCR. MISC./45655/2016bail granted

Balmiki Singh v. The State Of Bihar

2016-11-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45655 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -MAHILA THANA District- BEGUSARAI ======================================================

1. Balmiki Singh son of Late Ram Swarup Singh resident of VillageLakho, P.s.- Muffasil (Lakho O.P.), District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard both sides.

The petitioner apprehends his arrest in Begusarai Mahila P.S. case No. 28 of 2016 under Section 376, 420 of the Indian Penal Code and under Section 8 of POCSO Act. The prosecutrix alleged that she was in love with Sudhanshu Shekhar @ Bittu, son of the petitioner. Sudhanshu Shekhar @ Bittu, on assurance of marriage, established physical relationship with her and he was ready to marry with her. The engagement was performed on 19.07.2016 but Sudhanshu Shekhar @ Bittu solemnized marriage with daughter of Ram Bharose Rai. The victim alleged that petitioner also conspired with his son and got his son married with another girl.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.45655 of 2016 (3) dt.24-11-2016 2/2 petitioner is father of Sudhanshu Shekhar @ Bittu and the victim did not make any specific allegation against the petitioner. Sudhanshu Shekhar @ Bittu solemnized marriage with another girl after giving assurance to the victim but no specific allegation is made against the petitioner.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Begusarai in Begusarai Mahila P.S. Case No. 28 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T