Aman Gupta @ Janendra Gupta @ Aman Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68057 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- PARSA District- Saran ====================================================== AMAN GUPTA @ JANENDRA GUPTA @ AMAN PRASAD GUPTA Son of Ram Balak Sah Resident of Village - Parsa Mathura, P.S.- Parsa, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2019 Heard both sides.

The petitioner apprehends his arrest in Parsa P.S. Case No.138 of 2019 registered under Sections 493, 494, 495 and 496 of the Indian Penal Code.

The informant is the father-in-law of the petitioner. The informant alleged that his daughter became traceless and for that the informant lodged Parsa P.S. Case No.12 of 2019 under Sections 366A and 34 of the I.P.C. against the petitioner and others, but in the meantime, the daughter of the informant appeared and made her statement under Section 164 of the Cr.P.C. disclosing that she solemnized marriage with the petitioner. It is further alleged that thereafter the informant came to know that the petitioner got first wife and by hatching

Patna High Court CR. MISC. No.68057 of 2019(2) dt.05-11-2019 2/3 conspiracy, the petitioner solemnized second marriage with the daughter of the informant.

Learned counsel for the petitioner submits that there is nothing on record to show that the petitioner solemnized any marriage and he got first wife. No offence under Section 493, 494, 495 and 496 of the I.P.C. is made out against the petitioner. The daughter of the informant solemnized marriage with the petitioner out of her free will and the informant lodged the present case making false and frivolous allegation. Having considered the facts that earlier the informant lodged the case against the petitioner for kidnapping his daughter but the daughter of the informant made statement under section 164 of the Cr.P.C.

and disclosed that she solemnized marriage with the petitioner but again the informant lodged the present case making allegation that the petitioner had already solemnized marriage with someone else, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.

Patna High Court CR. MISC. No.68057 of 2019(2) dt.05-11-2019 3/3 connection with Parsa P.S. Case No.138 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T