Rajhans @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28196 of 2020 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA District- Munger ====================================================== RAJHANS @ RAJA Son of Late Barun Gupta Resident of Village - Sherpur, P.S.- Kotwali, District - Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ragini Ranjan @ Ragini Ranjan Gupta Wife of Rajhans @ Raja D/ORajesh Tanti living at Chakman Singh, Indrukh, P.S.- Safiya Sarai, Naya Ramnagar, District - Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2021 Heard both sides.

Learned counsel for the petitioner submits that notice was issued to the O.P. No.2 through E-mail. The petitioner also served the Dasti Summon on O.P. No.2 but the O.P. No.2 has not yet appeared.

The petitioner apprehends his arrest in Mahila P.S. Case No.28 of 2018 registered under Sections 498A and 494 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

The informant alleged that she was married with the petitioner on 14.12.2016 and went to her sasural but her husband again began to demand Rs.2 lacs and a motorcycle. Due to non-fulfillment of additional demand of dowry, her

Patna High Court CR. MISC. No.28196 of 2020(3) dt.12-01-2021 2/2 husband subjected her to all sorts of torture and her husband solemnised second marriage.

The learned counsel for the petitioner submits that petitioner filed Matrimonial Case No.157 of 2018 seeking for divorce. The O.P. No.2 appeared. The matter was referred to Mediation Centre and the husband and the wife compromised the case for one time settlement and on account of this fact, the opposite party No.2 has not appeared.

Taking into consideration the facts aforesaid and the fact that the present case was lodged after institution of Matrimonial Case No.157 of 2018 and the O.P. No.2 had already appeared in the matrimonial suit, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Munger in connection with Mahila P.S. Case No.28 of 2018(G.R. No.3776/18), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T