Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69016 of 2023 Arising Out of PS. Case No.-231 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== ASHOK KUMAR S/O SHRI NIVAS RAM R/O VILLAGE ANDOUR@ANDAUR LAHERI , P.S KOCHAS, DISTRICT-ROHTAS AT SASARAM ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KAJAL KUMARI D/O LATE SHIVPUJAN RAM R/O VILLAGEMAHUARI, P.S-RAMGARH DISTRICT-KAIMUR AT BHABUA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 109, 120B, 366, 376 and 34 of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that from perusal of the office report dated 28-6-2024, it would manifest that the same records that notice on behalf of the OP No. 2 has been received by her mother.

4.

Since the notice on behalf of the OP No. 2 has been received by her mother, as such it is deemed to have been validly served.

Patna High Court CR. MISC. No.69016 of 2023(7) dt.02-07-2024 2/3 5.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant and this perhaps explains why the OP No. 2 despite receiving notice, chooses not to appear and contest. The learned counsel next submits that relationship in between the petitioner and the OP No. 2 was completely consensual and there was no promise of marriage. It is next submitted that OP No. 2 has solemnized her marriage with one Aditya son of Sri Raja Ram, R/o-Lal Gate Farakkhabad, Uttar Pradesh (U.P) on 20-5-2022 and is leading a happy conjugal life with her spouse.

6.

It is next submitted that the case was taken up on 111-2023, when the aforesaid submission was taken noteof and based on which notices were issued and the notice on behalf of the OP No. 2 has received by her mother, but then the OP No. 2 has not come forward to contest the case, which amply demonstrates that the contention of the petitioner that OP No. 2 has performed her marriage with Aditya stands corroborated. 7.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.69016 of 2023(7) dt.02-07-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ramgarh P.S. Case No. 231 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T