Mukesh Kumar Rai @ Mukesh Rai @ Kumar Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24564 of 2022 Arising Out of PS. Case No.-47 Year-2016 Thana- MAHILA P.S. District- Saran ====================================================== MUKESH KUMAR RAI @ MUKESH RAI @ KUMAR RAJA Son of Yogendra Rai Resident of Village- Ismailpur, P.S.- Garkha, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Devi D/o Siyaram Yadav At present Residing at Village- Ganaura, P.S.- Amnour, District- Saran at Chapra (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 498A/34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.

Allegedly, the accused persons named in F.I.R. including the petitioner tortured upon the informant and demanded dowry. They ousted her from her matrimonial house.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no

Patna High Court CR. MISC. No.24564 of 2022(5) dt.19-12-2022 2/3 criminal antecedent. There is no specific allegation against the petitioner. Petitioner has never demanded any dowry either from the informant or to her parents nor he has tortured the informant in any manner rather the informant left the house of the petitioner willfully. He further submits that notice was issued to Opposite Party No.2 and notice was received by Amit Kumar, brother of the Opposite Party No.2. Opposite Party No.2 and her brother Amit Kumar are living jointly and among them there is no partition has been taken place. It is further submitted that there is compromise between informant and the petitioner and his family members. Accordingly, the Compromise Petition has been filed before the learned Sub Divisional Judicial Magistrate, Saran at Chapra. The Opposite Party No.2 solemnized her second marriage with her choicest person mentioned in para 15 of the bail application.

Learned APP for the State opposed the prayer for bail. 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.24564 of 2022(5) dt.19-12-2022 3/3 below where the case is pending/Successor Court in connection with Saran Mahila P.S. Case No.47 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T