Bhanu Pratap @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73929 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== BHANU PRATAP @ SUNNY KUMAR Son of Ramlakhan Singh R/vBhikhampur, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 376, 493 of the IPC. The allegation against the petitioner is that he established illicit physical relationship with the informant on the pretext of marriage.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that petitioner is already married with other girl and earlier also, the informant has lodged one Wazirganj P.S. Case No.245 of 2017 (Annexure-2) on 15.06.2017 against the petitioner u/s 323,

Patna High Court CR. MISC. No.73929 of 2022(2) dt.03-02-2023 2/2 498A/34 of the IPC and 3⁄4 of Dowry Prohibition Act, alleging therein that she got married with the petitioner in 2016. This F.I.R. (Annexure-2) itself falsifies the present prosecution case. It is further submitted that after investigation, police has submitted final form against the petitioner in Wazirganj P.S. Case No.245 of 2017, which final form is marked Annexure-3 to the bail application. Later on in 2022, the informant has filed the present case against the petitioner u/s 376, 493 of the IPC. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gaya Mahila P.S. Case No.27 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T