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Patna High CourtCR. MISC./73654/2022allowed

Sidharth Ranjan @ Rahul v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73654 of 2022 Arising Out of PS. Case No.-157 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== SIDHARTH RANJAN @ RAHUL Son of Omprakash Sahni @ Ram Prakash Sahni @ Ram Prakash Kewat Resident of Village - Tharthari Bazar, P.S.- Tharthari, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Kumari Nishad @ Nikki Daughter of Late Jayhind Nishad R/O Village - Cmpf Colony, Q. No.- Cb/O, P.O.- Dhanbad, P.S.- Saraidhela, Distt.- Dhanbad (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376 and 420 of the Indian Penal Code and Sections 3/4 of the D.P. Act. As per prosecution case, the parents of the petitioner demanding of Rs. 5 lacs as dowry from the informant, then they solemnized marriage between his son(petitioner) and informant. The informant has sent an amount of Rs. 1,65,000/- by cheque as well as Rs. one lac by cash to the petitioner's parents but they

Patna High Court CR. MISC. No.73654 of 2022(3) dt.27-04-2023 2/3 did not do so. Thereafter, petitioner is said to have established physical relationship with the informant on the pretext of marriage and when the informant was going to meet with him, he taken away 40 grams gold and Rs. 65,000/- from her bag. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the statement of the victim recorded u/s 164 of the Cr.P.C., in which she stated that on the behest of solemnization of marriage, the petitioner established physical relationship with the victim. Victim is a mature lady, who is aged about 28 years. There is a consensual relationship between the parties. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 25.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.73654 of 2022(3) dt.27-04-2023 3/3 satisfaction of the learned S.D.J.M., Nalanda, Biharsharif in connection with Nalanda Mahila P.S. Case No. 157 of 2020. (Sunil Kumar Panwar, J) arish/- U T