Vishal Kumar @ Ajay Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28127 of 2024

Arising Out of PS. Case No.-316 Year-2022 Thana- PATLIPUTRA District- Patna

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Vishal Kumar @ Ajay Yadav S/o Mohan Ray R/o Mohalla - kurji balupar, and bal kishun complex second eulding opposite lane of devanti sweets, P.S. - rajiv nagar, Distt. - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramji Kumar, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh, APP. Mr. Shreyash Goyal, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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7 14-11-2024

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Heard learned counsel for the petitioner, learned APP for

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the State and learned counsel for the informant.

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The petitioner seeks bail in connection with Patliputra P.S. Case No. 316 of 2022 registered for the offence punishable under Sections 498A, 495, 323, 406, 420, 504, 354C and 376 of the Indian Penal Code.

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Allegedly, petitioner is said to have established physical relation with the informant on the pretext of marriage. Later on, when the informant started pressurizing him for marriage, he solemnized marriage to her in a temple, but after sometimes, she came to know that the petitioner is a married person having two children. When the informant asked the

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Patna High Court CR. MISC. No.28127 of 2024(7) dt.14-11-2024 2/4

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petitioner about the same, he told the informant that he would divorce her first wife and solemnize marriage with her legally, but later on he refused to do so.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is totally false and based on concocted facts. He has neither established physical relations with the informant nor solemnized marriage to her. There is no document on record in support of the informant’s claim. Learned counsel further submits that charge has already been framed against the petitioner. He has nineteen criminal antecedents and he is languishing in jail custody since 12.11.2023.

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Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

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Having regard to the facts and circumstances of the case, since charge has already been framed against the petitioner and he is in judicial custody for more than 1 year, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with

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Patna High Court CR. MISC. No.28127 of 2024(7) dt.14-11-2024 3/4

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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 Patliputra P.S. Case No. 316 of 2022, subject to the conditions that:

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(1) One of the bailors will be own close relatives of the petitioner who will give an affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

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(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

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(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

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(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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Patna High Court CR. MISC. No.28127 of 2024(7) dt.14-11-2024 4/4

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(5) The petitioner shall appear before the Police Station of

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his local area in the first week of each month till the disposal of

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the present case.

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(Anjani Kumar Sharan, J)

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divyanshi/-