Suresh Kumar @ Rinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1187 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== SURESH KUMAR @ RINKU S/O SRI KISHORI SINGH @ KISHORE SINGH Resident of village- Piparpati Sherghati, P.S.- Sherghati, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh Mr.Ritvik Thakur Mr.Ajay Kr. Thakur For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sherghati P.S. Case No. 440 of 2022, registered for the offences punishable under Sections 341, 342, 323, 325, 376, 406, 420/34 of the IPC.

As per allegation, the informant came into contact with the petitioner (her husband) in Delhi, where the petitioner was working. At the pretext of marriage, the petitioner had physical relation with her. She solemnized marriage with the petitioner on 10.05.2013 and they started residing in Delhi as husband and wife. Her husband fraudulently sold her ornaments worth Rs. 20 lacs. Later on, he went to his native place, but didn't return. Having no option,

Patna High Court CR. MISC. No.1187 of 2023(2) dt.03-04-2023 2/3 the informant went to the native place of the petitioner and there, she came to know that he was already a married person. The learned counsel for the petitioner has submitted that the informant alleges that her marriage was solemnized with the petitioner in the year 2013 and it is impossible that she was unaware of the native village of the petitioner for 8 years after marriage. He has submitted further that the informant herself is a married lady and she has two children. As a matter of fact, the petitioner was working in Manesar, Haryana since 2013. He has also submitted that he is a person of clean antecedent and has been arrayed in this case for some ulterior motive. He is under custody since 10.06.2022.

Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioner and the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Sherghati P.S. Case No. 440 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.1187 of 2023(2) dt.03-04-2023 3/3 cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Kundan/Sudha U T