Raja Kumar @ Raja Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12276 of 2021 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA District- Munger ====================================================== RAJA KUMAR @ RAJA RAM Son of Ramdeo Ram Resident of VillageShankarpur, P.S.- Muffasil, District- Munger. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sangita Kumari D/o Shri Sita Ram Tadhi Resident of Village- Dariyapur, P.S.- Bind, District- Nalanda.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 498A and other allied sections of the IPC and and under sections 3⁄4 of the Dowry Prohibition Act.

Petitioner is alleged to have demanded dowry and subjected to cruelty and harassment to the daughter of the informant/ opposite party no.2 for demand of dowry. Learned counsel for the petitioner submits that the victim is not the wife of the petitioner as he performed marriage

Patna High Court CR. MISC. No.12276 of 2021(2) dt.29-06-2021 2/3 in 2015 with one Sapna Kumari and has two children with the said wedlock. Petitioner is constable in Bihar Police and had also filed a petition before the SP, Madhubani for adding the name of Sapna Kumari in the Service Book which has already been verified by the SP, Madhubani (Annexure 5). Petitioner is in custody since 16.10.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions of the parties and materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger in Munger Mahila Police Station Case No. 34/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.12276 of 2021(2) dt.29-06-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T