Patna High CourtCR. MISC./47614/2019bail granted

Dinesh Kumar @ Dinesh Kumar Sharma v. The State Of Bihar

2019-09-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47614 of 2019 Arising Out of PS. Case No.-1 Year-2018 Thana- TANDWA District- Aurangabad ====================================================== Dinesh Kumar @ Dinesh Kumar Sharma S/O Rameshwar Sharma Resident of village- Lat Pouri, P.S.- Mohammadganj, District- Palamu, State- Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Tandwa P.S. Case No. 01 of 2018 for the offences punishable under Sections 376, 420, 120(B), 504 and 506 of the Indian Penal Code.

The allegation is regarding the petitioner having allured the informant on the pretext of solemnising marriage and established physical relationship with her as also upon the informant having conceived, the petitioner got the same aborted and thereafter had fixed his marriage at another place. The learned senior counsel for the petitioner has submitted that there is no proof in the entire case diary to suggest that the petitioner had established physical relationship

Patna High Court CR. MISC. No.47614 of 2019(3) dt.30-09-2019 2/2 with the informant as also there is no proof of the fact that the petitioner had got the foetus of the informant aborted. Lastly, it is submitted that the petitioner been falsely implicated in the present case and is having a clean antecedent and is languishing in custody since 26.05.2019.

The learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Tandwa P.S. Case No. 01 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T