Sanjay Thakur @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1039 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- PIYAR District- Muzaffarpur ====================================================== SANJAY THAKUR @ SANJAY KUMAR SINGH Son of Sri Naval Kishore, Resident of Village - Kanhara Hardas, P.S.- Bochahan, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 684 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- PIYAR District- Muzaffarpur ====================================================== BABLU THAKUR Son of Ramsreth Mishra, Resident of Village - Manjhauli, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 1039 of 2020) For the Petitioner/s :
Mr.Shiva Shankar Sharma For the Opposite Party/s :
Mr.Ram Priya Sharan Singh (In CRIMINAL MISCELLANEOUS No. 684 of 2020) For the Petitioner/s :
Mr.Shiva Shankar Sharma For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.
The petitioners apprehend their arrest in connection with Piar P.S. Case No. 81 of 2019 registered for offence punishable under section 366/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.1039 of 2020(4) dt.19-01-2022 2/3 The informant Sudit Kumar lodged FIR stating therein that his marriage was solemnized with Anupam Kumari six years ago. The allegation is that in absence of the informant, the petitioners, Bablu Kumar and Sanjay Thakur enticed away his wife with intention to marry her. Petitioner Bablu Kumar is brother-in-law of the informant.
The learned counsel for the petitioners has submitted that the petitioners did not entice away the wife of the informant, rather she herself left her husband with her own sweet will, as she did not want to have any relation with the informant. He has further submitted that when the informant perceived the real fact, he filed a petition dated 14.06.2019 in the court of learned Chief Judicial Magistrate. The copy whereof has been annexed with the present bail petition. The informant has stated in his petition that his wife was not willing to continue relation with him. The native inmates of the wife solemnized her marriage somewhere else. The informant has also stated in his petition that he has lodged this case on mistaken facts. He has also stated that the petitioners have no indulgence in the alleged occurrence.
Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their
Patna High Court CR. MISC. No.1039 of 2020(4) dt.19-01-2022 3/3 arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Piar P.S. Case No. 81 of 2019, subject to condition as laid down under section 438(2) Cr. P.C. (Nawneet Kumar Pandey , J) Mahesh/- U T