Sani Dev Kumar @ Sani Dev v. The State Of Bihar

Patna High Court Cr.Misc. No.24345 of 2017 (3) dt.10-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24345 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Sani Dev Kumar @ Sani Dev, son of Suresh Kumar , resident of VillageDubhal, Dhanawa P.S.- Magadh Medical, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh with Mr. Nikhilesh Kumar, Advocates For the Informant : Mr. Nageshwar Pd. Sinha, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Tekari P.S.Case No. 194 of 2016 registered for the offences punishable under Sections 376, 493 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing rape upon the victim girl with assurance of marriage and when petitioner got a job he demanded dowry from her family members and, as such, the present case has been lodged. It has been submitted on behalf of the petitioner that with respect to the same occurrence two cases have been filed, one is the present case and another is Gaya Mahila P.S.Case No.49 of

Patna High Court Cr.Misc. No.24345 of 2017 (3) dt.10-07-2017 2016 in which petitioner and others have been granted anticipatory bail by the lower court itself and in the present case petitioner is in custody for more than five months.

Heard learned APP and learned counsel for the informant also, who have opposed the prayer for bail and submitted that had petitioner been granted anticipatory bail in another case, he may be granted bail in the present case. Having heard both sides and considering the aforesaid facts and circumstances, this application is disposed of with a direction the court below to verify the aforesaid submission that petitioner has been granted anticipatory bail in Gaya Mahila P.S.Case No. 49 of 2016 by the lower court and if it is so, the court below will release him on bail on his own satisfaction, otherwise his prayer for bail shall be deemed to be rejected.. (Vinod Kumar Sinha, J) spal/- U