Ram Sharan Prajapati v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6826 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -MAHILA P.S. District- SARAN ======================================================

1. Ram Sharan Prajapati Son of American Sharma Resident of VillageGangouli, P.S.- Masharak, District- Saran At present - V.I.P. Nagar Risali, Quarter No.- 108 Near Powar House Railway Station , P.S.- Nehuli Nagar Dist.- Durg Bhilai(M.P.) .... .... Petitioner/s

Versus

1. State of Bihar

2. Mamita Devi W/o Ram Sharan Prajapati, D/o Late Rajendra Pandit Resident of Village- Bhagwan Derani, P.S.- Derani, District- Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Saran Mahila P.S. Case No. 04 of 2016, registered for offences punishable under Sections 341, 323, 307, 498A, 406 and 494 Indian Penal Code.

It has been submitted on behalf of the petitioner that informant is the second wife of the petitioner and the petitioner only after taking consent of the first wife had married with the informant and it is alleged in the F.I.R that some fifteen years ago, petitioner had married one Usha Devi, though these facts were well known to the informant before marriage. It has further been submitted that during the course of investigation, it has come that

Patna High Court Cr.Misc. No.6826 of 2017 (3) dt.21-03-2017 2/2 brother of the informant himself has admitted that false case has been filed by her sister (informant) against the petitioner. It has also been submitted that there is no injury report available on record so as to make out a case under Section 307 of Indian Penal Code.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and in view of submission of learned counsel for the petitioner, let petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Saran at Chapra in connection with Mahila P.S. Case No. 4 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Vinod Kumar Sinha, J) sunil/- U T