Rajeev Kumar @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33098 of 2021 Arising Out of PS. Case No.-452 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== RAJEEV KUMAR @ RAJIV KUMAR S/O Ram Vinod Sharma Resident of Mohalla - Nutan Nagar Teachers Colony, P.S. - Civil Line, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sevak Choudhary, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the Informant :

Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 504, 354 and 498A read with section 34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner is of torturing and assaulting the informant. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has submitted that earlier two cases related to 498A have been filed against the petitioner. This is the third case

Patna High Court CR. MISC. No.33098 of 2021(4) dt.27-02-2023 2/3 which has been filed by the informant against the petitioner. Learned counsel has further submitted that the petitioner is paying maintenance Rs. 8,000/- per month to the informant and the informant is residing in her matrimonial home. The petitioner is also a government employee so there is no chance of absconding and tempering with the evidence. The petitioner is accused in two more criminal cases as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the material available in the case diary, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Civil Line P.S. Case No.452 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

1. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.33098 of 2021(4) dt.27-02-2023 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Chandra Prakash Singh, J) guddukr/- U T