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Patna High CourtCR. MISC./55497/2019bail granted

Ramesh Kumar v. The State Of Bihar

2019-11-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55497 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- SAHAJITPUR District- Saran ====================================================== RAMESH KUMAR, aged about 35 years, male, Son of Suraj Sah Resident of Village - Dumaria, P.S.- Mahamadpur, Dist.- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binod Kumar Sinha-Advocate For the Opposite Party :

Mr. Umeshanand Pandit-A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sahajitpur P. S. Case No.41 of 2019 registered under Sections 376/511 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the allegation against the petitioner is that the marriage of the daughter of the informant was settled with him, but subsequently the marriage could not materialize as the informant came to know that the petitioner was a man of bad character. He used to tease the daughter of the informant and on the date of occurrence, he entered into his house and attempted to commit rape upon his daughter.

The submission of learned counsel for the petitioner is that the allegations are absolutely false. The

Patna High Court CR. MISC. No.55497 of 2019(3) dt.27-11-2019 2/2 petitioner is a man of clean antecedent. It is true that his marriage was settled with the daughter of the informant. However, subsequently, when the informant communicated that the marriage cannot take place, since the programme of the marriage was already circulated amongst the friends and relatives of the petitioner, he visited the house of the informant in order to inquire as to why, the marriage scheduled to be held with the petitioner was cancelled, the informant and his family members falsely implicated him in the instant case. Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner, who is in custody since 31.03.2019, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of leaned Additional Chief Judicial Magistrate-VI, Saran at Chapra in connection with Sahjitpur P. S. Case No.41 of 2019.

(Ashwani Kumar Singh, J) V.Verma/- U T