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Patna High CourtCR. MISC./13637/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-07-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13637 of 2023 Arising Out of PS. Case No.-1086 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAHUL KUMAR Son of Jay Govind Ram R/o village - Bhela Dih, P.S.- Chand, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juli Devi Wife of Rahul Kumar R/o village - Bhela Dih, P.S.- Chand, District - Kaimur at Bhabua at present resident with her father namely Hira Ram, R/o village - Dugauli, P.S.- Chand, District - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP Ms. Kiran Kumari Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 379, 406, 323, 506 and 34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

3. The petitioner and the informant, in compliance of the order dated 13.07.2023, are present in the Court.

4. The petitioner submits that he is willing to resume his conjugal life and thus will keep the informant with honour and dignity, further he also submits that he has two children who

Patna High Court CR. MISC. No.13637 of 2023(4) dt.28-07-2023 2/2 are staying with the informant but he wants them back desperately.

5. The informant who is also present despite best endeavours of the Court is not willing to accompany the petitioner rather is not even willing to believe the Court that she will have no apprehension if she accompanies the petitioner during pendency of the anticipatory bail application, but the informant for reasons best known is adamant that she does not want to go with the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1086 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T