Anil Kumar Jaiswal @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36221 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Kumar Jaiswal @ Anil Kumar, S/o Late Harihar Prasad, Resident of Village- Jiwdhara, P.S.- Pipara, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case no. 35 of 2017, registered under Sections 376, 496 and 120B of the Indian Penal Code.

The accusation is that marriage of informant was performed with Sunil Kumar on 18.06.2010, when informant reached at her matrimonial house then she found that her husband is impotent. Thereafter, she wanted to disclose this fact to her parents, but her father-in-law, mother-in-law and other family members told her to keep mum on the assurance that her marriage will be performed with this petitioner. Later on, informant developed physical relation with the petitioner on which she was blessed with two children, but later on family members of the petitioner expressed desire to marry the

Patna High Court Cr.Misc. No.36221 of 2017 (5) dt.12-12-2017 2/2 petitioner to other place, while matter was raised in the Gram Kuchhari, where she was advised to lodge the case in the Court. Thereafter, she gave application before the S.P. in which she stated that petitioner is intended to marry with her. Learned counsel for the petitioner submits that at the time of the marriage of the informant with Sunil Kumar, brother of the petitioner, the petitioner was aged about 14 years as his date of birth is 09.01.1996. Moreover, after birth of two children, the father's name of Himanshu Kumar, son of the informant is detailed as Sunil Prasad Jaiswal, brother of the petitioner. Further submission is that only to give undue pressure, the informant lodged the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 35 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.