Patna High CourtCR. MISC./46886/2018bail granted

Sugreev Kumar v. The State Of Bihar

2018-08-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46886 of 2018 Arising Out of PS.Case No. -179 Year- 2018 Thana -AMARPUR District- BANKA ======================================================

1. Sugreev Kumar, Son of Sri Dinesh Prasad Singh, Resident of VillageBhadariya, Police Station- Amarpur, District- Banka..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar,Adv For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,493 of the Indian Penal Code.

Allegation against the petitioner is that he was in physical relation with the informant by pretending that he would marry with the informant. Informant is a lady, aged about 23 years.

Submission is that informant has suppressed the fact that she is already a married lady and had lodged Complaint Case No.1821 of 2015 against her husband for offence under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act at Annexure-2. Moreover, no case of rape is made out because the informant was herself a consenting party.

Considering the fact that offence of cheating is prima facie made out against the petitioner, let the

Patna High Court Cr.Misc. No.46886 of 2018 (2) dt.09-08-2018 2/2 petitioner, above named, be released on bail after completion of six months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amarpur Police Station Case No.179 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T