Patna High CourtCR. MISC./44215/2017allowed

Tripurari Singh @ Tripurari Kr. Singh v. State Of Bihar And ANR

2017-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44215 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -PARAIYA District- GAYA ====================================================== TRIPURARI SINGH @ TRIPURARI KR. SINGH S/o Sadama Prasad, Resident of Village- Manjhar, P.S.- Paraiya, Town and District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lovely Kumari, Daughter of Sant Jagdeep Azad, Resident of VillageManjhar, Police Station- Paraiya, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dayanand Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in connection with Paraiya P.S. Case No. 66 of 2017 for an offence under section 376 of the Indian Penal Code and Section 4 of Posco Act. Counsel for the petitioner submits that FIR was lodged when the parents of the boy and girl refused to permit boy and girl to join wedlock. However, subsequently they have joined wedlock and in view of the subsequent development when the parties have entered into the marital relationship as husband and wife, the petitioner deserves bail.

Considering the peculiar facts and circumstances of this case particularly tenor of the FIR and Annexure-2 a joint

Patna High Court Cr.Misc. No.44215 of 2017 (2) dt.20-09-2017 2/2 compromise petition purportedly filed by the petitioner and the informant, the court is inclined to grant bail to the petitioner on consideration of the fact that with the consent of both side, the marriage was solemnized and they have decided to live as husband and wife, let the petitioner named above, 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 learned Additional District Judge 1st-cum Special Judge (Posco Act), Gaya, in connection with Paraiya P.S. Case No. 66/2017 on the condition that the bailors should be relatives of one of the girl and other of the petitioner and the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T