Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5955 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Rahul Kumar, aged about 23 years (Male) S/o Surendra Choudary, Resident of Village-Turkwalia, P.S.- Rajpur, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Prasad, Adv.

For the State :

Mr. Narendra Kumar Singh, APP For the Informant :

Ms. Rina Sinha, Adv.

Ms. Alka Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This is an application for grant of anticipatory bail in connection with Rohtas Mahila P.S. Case No. 66 of 2018, disclosing offences under Sections 498-A, 376, 511, 406, 341, 323, 34 of the Indian Penal Code and Section 3⁄4 of the D. P. Act. Allegation as per F.I.R. is that after marriage of the informant, her in-laws including her husband started harassment and torturing her with respect to demand of a motorcycle and also assaulted her due to non-fulfillment of dowry. Further, there is allegation against the petitioner, who is Devar of the informant, is of trying to commit rape upon her and when the informant told this incident to her husband, he did not pay any attention. The husband of the informant worked in a private company in Delhi and he was not kept the informant with himself rather she was kept in a tenant room. Submission of learned counsel for the petitioner is that the

Patna High Court Cr.Misc. No.5955 of 2019(2) dt.04-02-2019 2/2 whole allegation is false and concocted and no report has ever been submitted in any police station about the commission of rape and the whole family members of the petitioner have been made accused in this case. Further, he has no criminal antecedent. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram, in connection with Rohtas Mahila P.S. Case No. 66 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition to cooperate in investigation of the case as and when required by the police, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) Amjad/- U T