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Patna High CourtCR. MISC./45533/2019bail granted

Bablu Kumar Singh @ Bablu Singh @ Bablu Kr. Singh v. The State Of Bihar

2019-09-30Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45533 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- TARAIYA District- Saran ====================================================== BABLU KUMAR SINGH @ BABLU SINGH @ BABLU KR. SINGH Son of Kedar Singh Resident of Village - Station Road, Mashrakh, P.S.- Mashrakh, Dist.- Saran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP Fopr the Informant :

Mr. Abhinay Raj Mr. Alexander Ashok ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Taraiya P.S. Case No. 166 of 2019 for the offence punishable under Sections 420 and 354/34 of the Indian Penal Code. This is not in dispute that the informant is a married woman. It is, however, the informant's case, as disclosed in the First Information Report, that the petitioner, under the false pretext of marrying her, took from her substantial amount of money and remained in touch with her through chatting on phone and in course of time, he refused to marry her and threatened her of blackmailing. Learned counsel appearing on behalf of the informant, opposing the prayer for anticipatory bail, has

Patna High Court CR. MISC. No.45533 of 2019(3) dt.30-09-2019 2/3 submitted that it was well within the knowledge of the petitioner that the informant's marriage with her husband had practically failed because of his mental instability. It was in that background that the petitioner had consented to marry the informant and considering the subsequent conduct of the petitioner, he does not deserve privilege of anticipatory bail. Considering the admitted fact that the informant is a married woman, her belief, that the petitioner would marry her, had no basis. In my view, considering the nature of allegation made in the First Information Report, a case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 A.C.J.M.-IX, Chapra, Saran, in Taraiya P.S. Case No. 166 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as

Patna High Court CR. MISC. No.45533 of 2019(3) dt.30-09-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U