Raja Kumar @ Raja Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22897 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA District- Munger ====================================================== 1.

RAJA KUMAR @ RAJA RAM, Son of Ramdeo Ram, Resident of VillageShankarpur, P.S.- Muffasil, Distt- Munger. 2.

Sapna Kumari, Wife of Raja Kumar and D/o Debu Ram @ Deo Kumar Ram, Resident of Village- Shankarpur, P.S.- Muffasil, Distt- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Mahila P.S. Case No. 34 of 2019 for the offence under Sections 498(A) 323, 341/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner no.2 is the wife of petitioner no.1. Considering the fact that petitioner no.2 is the wife of petitioner no.1, the petitioner no.2 namely, Sapna Kumari, in the event of arrest or surrender before the court below within one month from the date of communication of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like

Patna High Court CR. MISC. No.22897 of 2020(2) dt.01-10-2020 2/2 amount each to the satisfaction of Sri Bimlesh Kumar, Judicial Magistrate, 1st Class, Munger in connection with Mahila P.S. Case No. 34 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner no.1 is concerned, learned counsel for the petitioner submits that on the alleged date of occurrence the petitioner was on duty.

Having regard to the fact that petitioner no.1 is also accused in Hajipur P.S. case no. 244 of 2016 for the offence under Sections 498(A), 376, 506/34 of the Indian Penal Code, (filed by yet another wife of petitioner no.1, namely, Sapna Devi), the Court is not inclined to grant anticipatory bail to petitioner no.1. Accordingly, his prayer for grant of anticipatory bail is rejected. However, he may surrender before the court below within one month from today and prays for regular bail, which shall be considered and disposed of on the same day without being prejudiced by the order of this Court. (Anil Kumar Upadhyay, J) uday/- U T