Kanhai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4021 of 2020 Arising Out of PS. Case No.-1740 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Kanhai Rai (Male 22 years) Son of Sadhu Rai Resident of Village - Lakshman Nagar, P.S.- Gaighat, Distt.- Muzaffarpur. At Present residing at House No.293 Gali No. - 1, Shalimar Village - P.S.- Shalimar, Dist.- Delhi. Pin110088 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Kumari (Female 19 years) W/o Kanhai Rai at present Resident of Village - Chapra Post Rampur Hari, P.S.- Minapur, Dist.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Complaint Case No. 1740 of 2016 for the offence under Sections 498(A)/34 of the Indian Penal Code.

As per prosecution case, the marriage of the complainant was solemnized with the petitioner in the year 2015 and later on, it is alleged that petitioner and his family members started torturing her due to non-fulfillment of demand of one motorcycle and Rupees one lakh cash.

It is submitted on behalf of petitioner that petitioner is innocent and he has committed no offence, but the complainant,

Patna High Court CR. MISC. No.4021 of 2020(2) dt.22-01-2020 2/2 due to wrong advice and misunderstanding, has filed the present complaint case. It is further submitted on behalf of petitioner that petitioner undertakes to keep the complainant, as his wife, with full respect and dignity. Petitioner is in custody since 14-11-2019.

Considering the aforesaid facts and circumstances as well as in view of undertaking given by the petitioner that he will keep the complainant with full respect as his wife, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 16th Muzaffarpur in connection with Complaint Case No. 1740 of 2016 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T