Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34334 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== RAJAN KUMAR Son of Sita Ram Saw Resident of Village - Ratni, P.S. - Sakurabad, District - Jehanbabd.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Sakurabad P.S. Case no. 07 of 2020 registered for the offence punishable under sections 341, 323, 307, 379, 354, 498A of the Indian Penal Code read with sections 3/ 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is in custody since 23.02.2020 and is person with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner further submits that the informant alleges that she was married with this petitioner in the year 2017 and after marriage, demand of dowry started when her father in the year 2019 fulfilled the demand by giving Rs. 50,000/- and fridge then only petitioner became ready to keep the informant.

Patna High Court CR. MISC. No.34334 of 2021(2) dt.01-12-2021 2/3 She further alleges that petitioner is drunker and gambler and used to assault her, further he also sprinkled kerosene oil over her body and outraged her modesty but anyhow she managed to escape and informed to her parents. Learned counsel submits that petitioner is willing to keep the informant as wife with full honour and dignity.

Learned APP submits that if petitioner is ready to keep the informant as his wife, then in that event learned court below be directed to issue notice to the informant so that petitioner can take her from the court itself.

Considering the submissions of learned counsel for the petitioner, the petitioner is directed to be released on provisional bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Sakurabad P.S. Case no. 07 of 2020.

The court below will issue notice to the informant and on her appearance, petitioner will take her to her matrimonial home as it has been submitted by learned counsel for the petitioner and in the event informant is not willing to go with the petitioner then court below will confirm the provisional bail and in the event court below comes to the conclusion that

Patna High Court CR. MISC. No.34334 of 2021(2) dt.01-12-2021 3/3 petitioner is not interested in taking her back to her matrimonial home and only for the purpose of bail, submission has been made then the provisional bail will not be confirmed and petitioner will be taken into custody forthwith. (Satyavrat Verma, J) s.hassan/- U T