Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26038 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== RAJESH KUMAR Son of Srichandra Prasad Resident of Mohalla - Khandakper, P.S. - Biharsharif, District - Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sony Kumari Wife of Rajesh Kumar and D/o Sita Ram Sao Resident of Mohalla - Khandakper, P.S. - Biharsharif, District - Nalanda. At present resident of Prabhat Colony, Chas, P.S. - Chas, District - Bokaro (Jharkhand). ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

By order dated 04-08-2022, notice was issued upon the opposite party No. 2. As per the service report, the notice has validly been served upon the O.P. No. 2 but none appeared on behalf of O.P. No. 2.

The petitioner is apprehending his arrest in a case registered under Sections-376, 498(A), 323/34 of the Indian Penal Code and 67 'A' of the I. T. Act.

Patna High Court CR. MISC. No.26038 of 2022(3) dt.14-11-2022 2/3 Allegedly, the petitioner and parents in-laws are said to have forced the complainant to establish physical relationship with her Devar. It is further alleged that the petitioner and other accused persons used to compel the victim/complainant to make vulgar languages and photos. There is allegation of demand of dowry also.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. After 17 years of solemnization of marriage between the petitioner and the victim/complainant, the present occurrence took place for petty reasons. Certain super additional allegations have been levelled against the petitioner only to make the offence graver. Such allegations are denied by the petitioner.

Learned counsel for the State submits that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.26038 of 2022(3) dt.14-11-2022 3/3 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nalanda, Bihar Sharif in connection with Nalanda Mahila P.S. Case No. 71 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

The petitioner will cooperate during the trial. (Sudhir Singh, J) A.K.V.//- U T