Rajnish Kumar @ Rajnish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8797 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== RAJNISH KUMAR @ RAJNISH KUMAR YADAV S/O DHARM NATH GOIT R/o Village- Parsahi, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Priya W/o Ravindra Kumar Ravi R/o village- Majhaura, P.S.- Laukaha, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mrs. Renu Kumari, APP Mr. Ratnakar Jha, Adv Ms. Kusum Rani, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 498A, 323, 324, 325, 307, 506/34 of Indian Penal Code and section 3⁄4 of Dowry Prohibition Act.

Allegedly, the petitioner went with the accused husband to the house of the informant. It is further alleged that they

Patna High Court CR. MISC. No.8797 of 2022(2) dt.02-08-2022 2/3 assaulted the informant and her father and mother due to which they sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He is not a family member of the opposite party no.2. He is a friend of the husband of the informant. He is not concerned with the family affairs of the opposite party no.2. Both sides sustained injuries and injuries are simple in nature. Petitioner has one criminal antecedent, which is mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioner is not a family member of O.P. No.2 and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.8797 of 2022(2) dt.02-08-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in Rajnagar P.S. Case No.202 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T