Om Prakash Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82787 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== OM PRAKASH CHOUHAN, aged about 26 years, Male, Son of Ugrasen Singh (Chouhan) @ Ugrasen Chaudhary, Resident Village - Ghoraghat, P.S.- Shivsagar, District- Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Kumar, Adv.

For the State :

Mr. A.M.P. Mehta, APP For the Informant :

Mr. Navnit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Sasaram (Muffasil) P.S. Case No. 10 of 2019, registered under Sections 376, 406 and 120B of the Indian Penal Code. The accusation is that Ramjee Choudhary, husband of the complainant/informant, Mamta Devi, use to live abroad, at Dubai, and he used to visit house casually, after interval of one or two years. In absence of Ramjee Choudhary, husband of complainant/informant, petitioner belonging to same cast use to visit at her house and developed physical relation on assurance to perform marriage and also to look after her children about three years. In that course she handed over cash of rupees three lakhs and ornaments to the petitioner on assurance to return the

Patna High Court CR. MISC. No.82787 of 2019(2) dt.13-12-2019 2/3 same on demand. When complainant/informant made demand of ornament, then, petitioner did not pay any heed. During that period petitioner also managed to purchase the motorcycle on payment of the consideration amount by the complainant/informant.

Submission is that petitioner and complainant/informant are co-villager and complainant/informant started to give pressure to perform marriage while the petitioner is already married person and only to put undue pressure upon the petitioner to perform marriage with the complainant/informant, the present case has been lodged. Further, submission is that it would appear from the complaint petition, which is the basis of the first information report, that complainant/informant is married and has three children.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Sasaram (Muffasil) P.S. Case No. 10 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at

Patna High Court CR. MISC. No.82787 of 2019(2) dt.13-12-2019 3/3 Sasaram, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T