Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25234 of 2018 Arising Out of PS.Case No. -41 Year- 2016 Thana -LAHERI District- NALANDA (BIHARSHARIFF) ======================================================
1. Satyendra Kumar, Son of Late Bachchu Mahto, Resident of VillageSandha, P.S.- Halsi, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur Mrs. Swati Sinha Mr. Ishteyaque Ahmad, Advocates.
For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI CAV ORDER 24-09-2018 Heard learned counsel for the petitioner as well as learned APP.
2. In spite of notice, Opposite Party No.2, complainant/informant failed to appear.
3. Petitioner along with informant/complainant became known to each other through mobile and their further indulgence resulted in physical relationship under the garb of promise of marriage which they continued. It has also been disclosed that parents of informant had paid Rs. 2,85,000/-(Two Lacs eighty five thousand) in lieu of gift. Subsequently, the family members including petitioner declined to marry and for that, a Panchayati was convened whereunder they undertook that marriage will be solemnized on 14.10.2015 but again they failed
Patna High Court Cr.Misc. No.25234 of 2018 (7) to honour their promise whereupon the instant prosecution has been launched.
4. Both the parties being major and their indulgence in physical relationship without any hitch and hindrance speaks otherwise, more particularly, when there happens to be no material to support deceptive conduct of the petitioner, whereupon, petitioner, Satyendra Kumar, in the event of arrest/surrender within four weeks, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif at Nalanda in connection with Laheri PS Case No. 41/2016 in terms of condition as laid down under Section 438(2) of the CrPC. (Aditya Kumar Trivedi, J) perwez U T