Rajnish Prakash @ Vikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35764 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Rajnish Prakash @ Vikki Son of Shri Rajendra Bhagat @ Rajendra Paswan Resident of Village- Sherpur, P.S.- Ganga Bridge, Dist.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arpana Kumari Wife of Rajnish Kumar, Daughter of Rajendra Resident of Village- Sherpur, P.S.- Ganga Bridge, Dist.- Vaishali Presently residing at Village- Bagtola, P.O.- Chechar P.S.- Vidupur, Dist.- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Ranjit Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. 2.

The petitioner seeks bail in a case registered for the offence under Sections 498(A), 341, 323, 504, 506 and 494/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with his family members demanded the dowry after marriage and due to non-fulfilment of dowry demand, the petitioner and his family members assaulted the informant. It is further alleged that the informant's husband had performed the second marriage with other lady and the informant was kicked out of

Patna High Court CR. MISC. No. 35764 of 2024(2) dt.20-05-2024 2/3 her Sasaural.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that entire story of performing second marriage is totally false and petitioner never performed any second marriage with anyone and the lady whose name was taken by the Opposite Party No.2 in the FIR is not known to the petitioner as stated in para-11 of petition. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 24.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Ganga Bride P.S. Case No. 161 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

Patna High Court CR. MISC. No. 35764 of 2024(2) dt.20-05-2024 3/3 However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T