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Patna High CourtCR. MISC./12794/2022bail granted

Rajeev Kumar v. The State Of Bihar

2022-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12794 of 2022 Arising Out of PS. Case No.-2872 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAJEEV KUMAR S/o- Hira Lal Sao R/o Mohalla- Sikandra, Jamui, P.O. and P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHVANGI KUMARI D/O SANJAY KUMAR GUPTA Resident of MohallaMainpura, P.O- G.P.O, P.S.- Patliputra, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complain Case No. 2872(c) of 2021 instituted for the offence under Sections 506, 323, 406, 354 of the Indian Penal Code.

As per allegation in the FIR, on the pretext of marriage, petitioner had established physical relationship with the informant on her consent. It is further alleged that due to non-fulfillment of dowry demand, petitioner's parents denied for marriage.

Patna High Court CR. MISC. No.12794 of 2022(3) dt.09-11-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Informant is a major and educated lady of 28 years. Informant has stated S.A. on oath that petitioner had applied any force for establishing physical relationship. Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of Bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No.

2872(c) of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C.-5, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.