Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28910 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sunil Kumar, Son of Late Harihar Prasad, Resident of village- Jivdhara, P.S.- Pipra, Kothi, District- East Champaran. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Sangita Kumari, D/o Shree Rambabu Prasad, Resident of VillageTikuliya, P.S.- Muffasil, District- East Champaran. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Vinod Gautam, Adv. For the Opposite Party : Mr. Panchanand Pandit, A.P.P For the Opposite Party No.2.: Mr. Sanjeev Kumar, Adv. Mr. Rajeev Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Pipra Kothi P.S. Case No.35 of 2017 registered for the alleged offences under Sections 376, 496 & 120-B of the Indian Penal Code. As per the prosecution case, the marriage of the petitioner was performed with the informant but, as the petitioner was impotent, his family members mounted pressure upon the informant for making sexual cohabitation with the younger brother of the petitioner, namely, Anil Kumar. Later on, informant was blessed with two children with the said relation and now they are

Patna High Court Cr.Misc. No.28910 of 2017 (02) dt.03-07-2017 2/2 intending to perform second marriage of Anil Kumar. It has been submitted by learned counsel for the petitioner that the petitioner has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner further submitted that the marriage of the petitioner with the informant was solemnized on 18.06.2010 but F.I.R. was lodged almost after about 7 years without giving any plausible and convincing reason. He has been languishing in jail custody since 03.04.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Pipra Kothi P.S. Case No.35 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T