Rahul Raj @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7398 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RAHUL RAJ @ RAHUL KUMAR Son of Suresh Singh Resident of VillageSukhaliya, P.S.- Darpa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard the parties.

Petitioner seeks regular bail in connection with Complaint Case No. 45 of 2022 dated 23.12.2022 registered for the offence under Section 406, 498(A), 379 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.

As per the FIR marriage of the petitioner along with the complainant was solemnized on 05.02.2020. It has further been alleged that after marriage the petitioner started torturing the complainant due to non fulfillment of demand of dowry by way of Bolero Car.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated due to marital discord between the parties. He next submits that petitioner is in custody

Patna High Court CR. MISC. No.7398 of 2023(2) dt.03-05-2023 2/2 since 22.10.2022 and the case is triable by Magistrate. On the other hand, learned counsel for the complainant as well as State submits that there is specific allegation in the complaint regarding torture of the complainant by the petitioner due to non fulfillment of demand of dowry and petitioner after taking the complainant to her matrimonial home pursuant to the order of the Family Court again abused and tortured the complainant.

Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that petitioner is in custody since 22.10.2022, charge sheet has already been submitted and the case is triable by Magistrate, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari East Champaran in connection with Complaint Case No. 45 / 2022 , Tr. No. 4075 / 2022.

(Anil Kumar Sinha, J) praful/- U T