Rabish Raj @ Rabish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25415 of 2019 Arising Out of PS. Case No.-1638 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RABISH RAJ @ RABISH KUMAR aged about 21 years (Male) Son of Ashok Kumar Gupta R/o Village- Singhaul, Ward No. 1, P.S.- Muffasil (Singhaul O.P.), District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shakuntla Devi aged about 50 years (Female) Wife of Late Sahdev Paswan R/o Village- Singhaul, Ward No. 1, P.S.- Muffasil (Singhaul O.P.), DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-04-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Complaint Case No. 1638 C of 2016 registered for the offence punishable under section 498A of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the present complaint case was filed on 06.08.2016 and cognizance was taken on 26.09.2018. During pendency of the complaint, the complainant on the same set of allegations also filed Mahila P.S. Case No. 4 of 2017, in

Patna High Court CR. MISC. No.25415 of 2019(2) dt.24-04-2019 2/2 which the petitioner is on bail. As a matter of fact, no marriage took place between the petitioner and the complainant, and as such, no offence under section 498A I.P.C. is made out. Petitioner is a man of clean antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender 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 Sub Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 1638 C of 2016 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T