Jivesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16745 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Jivesh Singh S/o Late Kailash Singh, Resident of Village-Bhatgama, P.S.- Chousa, District-Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Salita Devi D/o Puran Singh Resident of Village-Nanhkar, P.S.Kharik, District-Bhagalpur.

3. Mukesh Kumar Singh, son of Upendra Singh, r/o. village Diha, P.S. Balia, Dist. Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/ : Mr. Pawan Kumar, Adv For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner, learned counsel for the opposite party no.1 and learned APP for the State.

2. The petitioner is in custody since 11.01.2017 in connection with Chousa P.S. Case No. 137 of 2016 for the alleged offences under Sections 341, 323, 498(A), 504, 506 of the Indian Penal Code and Section 3 and 4 of the D.P. Act.

3. It is submitted that the petitioner has been falsely implicated and the petitioner denies being the legally wedded husband of the opposite party no. 1, the latter having solemnized another marriage in the past from which there is already a son aged about 5-6 years.

4. Learned APP assisted by learned counsel appearing for the opposite party no. 1 opposed the bail petition. Learned APP however, fairly points out from para 31 of the case diary that the independent witness Vikash Singh has stated that the first marriage

Patna High Court Cr.Misc. No.16745 of 2017 (8) dt.28-02-2018 of the opposite party no. 1 was solemnized eight years ago with one Mukesh Kumar Singh and there is a five years old son named Adarsh and that the marriage of the opposite party no. 1 with the petitioner had been solemnized by means of force by the side of the opposite party no. 1.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, the provisional bail granted to the petitioner by order dated 12.07.2017 pending in the Court of learned Sub-divisional Judicial Magistrate, Udakishunganj, District Madhepura in connection with Chousa P.S. Case No. 137 of 2016 is hereby confirmed with the same conditions.

(Vikash Jain, J) Chandran/BT U T