Dr. Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13917 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA P.S. District- Saran ====================================================== Dr. Rajesh Kumar Son of Ramdeo Chaudhary Resident of Village- Ghosia, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Priti Yadav Daughter of Sri Radhe Krishnan Prasad, Wife of Rajesh Kumar Resident of Village- Bara Telpa, P.O.- Telpa, P.S.- Chapra, DistrictSaran at Chapra, Mobile No. - 8986160791 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

As per the prosecution case, the informant alleges that she was married to the petitioner on 30.04.2015. After marriage, the accused persons started demanding Rs. 10,00,000/- (Ten Lakhs)

Patna High Court CR. MISC. No.13917 of 2022(20) dt.18-08-2022 2/3 and four wheeler in dowry and for that they started torturing her. In the year 2017, the accused persons went to the informant at the place of posting at Kargahar and threatened her to kill if the said demand is not fulfilled for which, she filed petition before different police official. On 03.01.2021, when she went at her matrimonial house along with her child, the accused persons did not allow her to enter into the house and after assaulting, they drove away from there.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is the husband of the informant and both are doctors in profession where, informant is a Government doctor and the petitioner is a private practitioner. It is further submitted that the petitioner has never neglected the informant and he is always ready to keep her with full honour and dignity, but she always refuses to live with him, due to this strange relation between them, the petitioner filed Matrimonial Case No. 11 of 2021 before the Principle Judge, Family Court, Gopalganj on 09.01.2021 and notice was issued on 11.01.2021. After knowledge of the said case, the instant case has been filed by the informant. It is further submitted that petitioner has deposed in Matrimonial Case No. 11 of 2021 that he is still

Patna High Court CR. MISC. No.13917 of 2022(20) dt.18-08-2022 3/3 ready to keep his wife, but no step was taken from the side of the informant. Further, it is submitted that the petitioner is in custody since 11.01.2022, charge-sheet has been submitted in the case and is a person of clean antecedent. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Chapra (Saran) in connection with P.S. Case No. 16 of 2021.

(Khatim Reza, J) shanu/- U T