Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31142 of 2014 Arising Out of Complaint Case No. -1324 Year- 2013 Thana -VAISALI COMPLAINT CASE District- VAISHALI(HAJIPUR) ======================================================
1. Rakesh Kumar son of Late Ram Nihora Singh, resident of village- Tarajivar, P.S.- Hathauri, District Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar
2. Suman Kumari W/o Rakesh Kumar at present residing with her father Sachin Kumar R/o vill- Baikunthpur, P.S. Rajapokar, Dist. Vaishali. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner : Mr. Ravi Ranjan For the State : Mr. Surendra Kumar(App) For the O.P. No. 2 : Mr. Ashok Kr.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-06-2015 Heard learned counsel for the petitioner, State and the complainant/wife/Opposite Party no.2.
The petitioner being the husband of the complainant is apprehending his arrest in connection with complaint case no. 1324 of 2013 registered under Sections 498A/34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.
Learned counsel for the petitioner state that mediation was ordered which, however, failed. He is still ready and willing to accept the complainant on his own as his legally wedded wife and to maintain her with all respect and dignity. In the facts and circumstances of the case, let the
Patna High Court Cr.Misc. No.31142 of 2014 (3) dt.24-06-2015 2/3 petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint case no.1324 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(iii) Along with the bail bonds the petitioner should produce a demand draft/bank instrument in the sum of Rs. 4,000/- (Four Thousand) favouring the complainant
Patna High Court Cr.Misc. No.31142 of 2014 (3) dt.24-06-2015 3/3 and/or receipt showing the deposit of the aforesaid amount in the Nazarat of the Court which the complainant shall be entitled to withdraw.
Shyam/- (Kishore Kumar Mandal, J) U T