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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19985 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Rakesh Singh @ Rakesh Kumar Singh son of Laxman Singh VillageBhagwanpur Ps- nautan Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neetu Devi wife of Rakesh Singh @ Rakesh Kumar Singh VillageBhagwanpur Ps- Nautan Dist- West Champaran, P/A- Khem Matihaniya PsBishambharpur Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 Despite valid service of notice , nobody appears on behalf of opposite party No. 2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 498A, 323 , 504 and 34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioner along with other family members committed torture and harassment to the informant (victim) due to non-fulfilment of demand of dowry.

4. Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he happens to be the husband of

Patna High Court CR. MISC. No.19985 of 2024(3) dt.24-06-2024 2/2 the victim. However, he is ready to keep the victim with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Gopalganj in connection with Bishambharpur Police Station Case No. 189 of 2023 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T