Kundan Rawat v. The State Of Bihar

Patna High Court Cr.Misc. No.20244 of 2015 (3) dt.30-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20244 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Kundan Rawat Son of Binod Rawat Resident of Village - Baseriya, P.S. Fatehpur, District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Nawada Mahila (Sadar) P.S. Case No. 18 of 2014 registered for the offences punishable under Sections 498A, 323, 376, 504, 354, 341, 307/34 of the Indian Penal Code.

The accusation against the petitioner is that he wanted to develop illicit relationship with the informant and when she opposed she was assaulted and further the petitioner with her husband went to her Naihar and threatened the informant's parent to fulfill the demand of dowry.

Submission is of false implication and that so many cases are going on between the informant and her husband and

Patna High Court Cr.Misc. No.20244 of 2015 (3) dt.30-07-2015 earlier there was compromise. The petitioner got no concern with the family affairs of the informant and her husband and only with a view to give colour of case imaginary allegation has been levelled against the petitioner and informant's husband has been allowed regular bail by the court below whereas other in-laws have been allowed pre-arrest bail by another Bench of this Court vide order dated 13.03.2015 passed in Cr. Misc. No. 48149 of 2014 and, as such, the petitioner also deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering the relationship of the petitioner that he is the dewar of the informant, as such, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Mahila (Sadar) P.S. Case No. 18 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.