Rahul Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8198 of 2019 Arising Out of PS. Case No.-601 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rahul Kumar, male aged about 30 years, Son of Surendra Kumar, Resident of Flat No.-7, Emarat Kahinoor Apartment, Road No-37, Anishabad, Police Station- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Divya Sharma, Female, aged about 27 years, W/o Rahul Kumar, D/o Vijay Kumar Sharma, Resident 5-10 Emarat Kahinoor Apartment, Road No. 37, Anishabad, Patna-800002.

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

For the Petitioner/s :

Ms. Soni Srivastava, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP For the Complainant :

Mr. Binod Kumar, Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 601(C) of 2018, disclosing offences under Sections 498-A, 120-B, 420, 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand of rupees ten lacs. Submission of learned counsel for the petitioner is that the complaint petition itself shows that during the period of honeymoon, the opposite party no.2 detected some white spot on the body of the petitioner and as such she enquired about the same and the S.A. of the complainant also shows that thereafter she left the house of the petitioner. Further, he has no criminal antecedent.

Patna High Court Cr.Misc. No.8198 of 2019(2) dt.13-02-2019 2/2 Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail of the petitioner stating that as a matter of fact when the complainant detected the white spot on the body of the petitioner, then she told him for treatment, but thereafter, she was subjected to cruelty and demand of rupees ten lacs was made.

Having heard both sides, considering the facts and circumstances of the case as stated above, 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 S.D.J.M., Patna, in connection with Complaint Case No. 601(C) 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 trial.

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