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Patna High CourtCR. MISC./7672/2025bail granted

Rakesh Kumar Sahni @ Rakesh Kumar @ Rakesh Sahni v. The State Of Bihar

2025-05-08Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7672 of 2025 Arising Out of PS. Case No.-1286 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Rakesh Kumar Sahni @ Rakesh Kumar @ Rakesh Sahni Son of Late Shankar Sahni Resident of Village- Chintamanpur, P.S. Pipra, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Devi Wife of Rakesh Kumar Sahni @ Rakesh Kumar @Rakesh Sahni, D/O Bhuneswar Sahni At present Resident of Village- Mankarva, P.S. Phenhara, Distt- East Champaran at Sasural Address Resident of VillageChintamanpur, P.S. Pipra, Distt- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioners who have been arrested in connection with Complaint Case No. 1286 of 2022 for the alleged offences punishable under Section 498(A), 354(B), 313, 406, 379, 307, 34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 3/4 of the Dyne Act.

3. According to the case of complainant her marriage was solemnized with the present applicant on 27.06.2020. It is alleged that after the marriage he along with his family members treated cruelty with the complainant on the account of demand of dowry. On the private complaint made by the complainant, the matter was

Patna High Court CR. MISC. No.7672 of 2025(3) dt.08-05-2025 2/2 registered and is pending before the concerned Judicial Magistrate.

4. It is submitted by the counsel for the petitioner that the petitioner herein is innocent and is falsely implicated in this case and has no any previous antecedent. He further submits that the present applicant is in jail since 28.08.2024, all the other co-accused persons have already been granted regular bail by the Trial Court itself. Therefore, it is prayed that he may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondent no. 2 i.e. informant opposes the argument raised by the counsel and submit that even after the passing of the order of maintenance the applicant herein is not giving maintenance properly. Therefore, on this ground his application may be rejected.

6. Considering the submission made by the counsels and further considering the detention period, I am of the view that it is a fit case where the present applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Complaint Case No. 1286 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned Judicial Magistrate-II, East Champaran, Motihari (Arvind Singh Chandel , J) Siddharth Soni/- U T