Rahul Kumar @ Rahul Kamkar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2848 of 2018 Arising Out of PS.Case No. -43 Year- 2017 Thana -MAHILA PS District- BUXAR ======================================================

1. Rahul Kumar @ Rahul Kamkar, S/o Ashok Kamkar ,

2. Ashok Kamkar, S/o Late Kashinath Kamkar,

3. Neelam Devi, W/o Ashok Kamkar, All R/o Village- Kadipur, P.S.- Itarhi, Distt.- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Buxar (Mahila) P.S. Case No. 43 of 2017 instituted for the offence under Sections 376, 120(B) of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act..

The informant has stated her age in the Fard-e-beyan as 18 years. She has alleged that this petitioner on pretext of marrying her, established physical relationship with her, but he did not perform marriage and made demand of dowry along with his other family members.

Petitioner Nos. 2 and 3 are father and mother of

Patna High Court Cr.Misc. No.2848 of 2018 (2) dt.17-01-2018 2/3 petitioner No. 1. From Fard-e-beyan itself it is apparent that the informant is major and even if the occurrence has been done as alleged, then it was with her consent.

Learned counsel for the petitioner has submitted that petitioner No. 1 has also filed a case against the informant and others vide Complaint Case No. 868 of 2017 for the offence under Sections 385, 342 and 323 of the Indian Penal Code and in sheer retaliation, the instant case has been filed by the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Buxar (Mahila) P.S. Case No. 43 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.2848 of 2018 (2) dt.17-01-2018 3/3 reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T