Rajiv Kumar @ Rajib Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1954 of 2017 Arising Out of PS.Case No. -35 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Rajiv Kumar @ Rajib Kumar son of Sarowar Yadav, resident of VillageMachhaha, P.S. Shankarpur, District- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal Mr. S.K. Singh For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 498 (A), 504, 494 and 379/34 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The informant was married to the petitioner in the year 2009 and out of the wedlock there is a daughter and thereafter the mother-in-law started demanding cash of Rs. 1,00,000/- to start business by the petitioner and due to non fulfillment the petitioner and other in-laws started torturing her and ultimately tried to burn her and further ousted the informant from her in-laws house after snatching all the articles valued at Rs. 1,00,000/-. Submission is of false implication and that in this case
Patna High Court Cr.Misc. No.1954 of 2017 (2) dt.20-01-2017 2/2 no injury has been found to the injured, the I.O. has not found any burnt articles at the place of occurrence, the petitioner is in custody since 21.10.2016, other co-accused have already on prearrest bail and as such now the petitioner also deserves sympathetic consideration.
The learned A.P.P. submits that the petitioner is the husband.
In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Madhepura in Mahila P.S. Case No. 35 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T