Rajesh Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18246 of 2019 Arising Out of PS. Case No.-213 Year-2015 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Rajesh Malakar, Son of Suresh Malakar, Resident of Village - Bareba, P.S.- Akwarpur, Distt.- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Siya Devi, W/O Surendra Malakar, Sivpuri, Ram Chandrapur, (Late Kameshwar Mahto house), P.S. Laheri, Distt. Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 213 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is that marriage of daughter of complainant-informant, Siya Devi, was performed with petitioner before six years and at the time of marriage, petitioner demanded Rs.50,00,000/- and motorcycle, as dowry but anyhow the marriage was solemnized. Thereafter, her daughter, Rinku Devi, used to reside at her Sasural. In the meantime, her daughter was being tortured by her husband and in-laws due to

Patna High Court CR. MISC. No.18246 of 2019(4) dt.26-07-2019 2/3 non-fulfillment of demand of dowry and petitioner performed re-marriage with another lady and her daughter was removed from her matrimonial house. Thereafter, panchayati was arranged and her daughter again went to her matrimonial house. In the meantime, her daughter was blessed with two children but in spite of that the behaviour of her husband and in-laws was not changed. When she went to Sasural of her daughter but her daughter was not there. The informant raised suspicion about killing of her daughter by her husband and in-laws due to nonfulfillment of demand of dowry and concealing her dead body. Learned counsel for the petitioner submits that it would appear form the complaint petition, which is the basis of F.I.R.

that before lodging the complaint petition, marriage of the petitioner was performed with the daughter of the informantcomplainant more than six and half years. In fact, daughter of the informant-complainant used to reside at her matrimonial house and out of their wedlock, two children were born but she was not mentally fit and used to leave the house without any information, regarding which, several times information was given to the police station and this fact was also in the knowledge of the informant but with ulterior motive the present case has been lodged with false allegation.

Patna High Court CR. MISC. No.18246 of 2019(4) dt.26-07-2019 3/3 Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Biharsharif, Nalanda, in connection with Laheri P.S. Case No. 213 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T