Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10317 of 2022 Arising Out of PS. Case No.-1966 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== RAKESH KUMAR Son of Late Suresh Pandey Resident of Village- Harpur Mukund, Police Station - Raja Pakar in the District of Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Daughter of Rama Nand Sharma Resident of Village - Rampur Ratnakar @ Sarsai, Police Station - Sarai, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Vide order dated 02.08.2022 notice was issued to opposite party no.2 but office has pointed out that opposite party no.2 refused to receive the notice.

In such view of the matter, notice is deemed to be validly served upon opposite party no.2.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Patna High Court CR. MISC. No.10317 of 2022(4) dt.18-10-2022 2/3 The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, complainant (opposite party no.2) has already performed second marriage with one Amit Kumar Singh. The petitioner is still ready to keep her with full honor and dignity. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, 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 satisfaction of the learned

Patna High Court CR. MISC. No.10317 of 2022(4) dt.18-10-2022 3/3 Court below where the case is pending/successor Court in connection with Complaint Case No. 1966 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T