Rajesh Kumar@Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29761 of 2023 Arising Out of PS. Case No.-19 Year-2022 Thana- MAHILA P.S. District- Bhojpur ====================================================== Rajesh Kumar@Rajesh Prasad Son Of Laxuman Prasad Resident Of MohallaMiraganj Ara Bind Toli, Akhara, PS- Ara Town, Distt- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi Daughter Of Shiv Prasad Resident Of Village- Shivgtanj, Sital Tola, Ps- Ara Town, Dist- Bhopur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarveshwar Tiwary For the Opposite Party/s :

Mr. Sanjay Kumar Singh For the Informant :

Mr. Raju Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 323, 341, 307, 498A, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner in the year 2008 and after marriage the petitioner along with coaccused used to torture the informant mentally and physically due to non-fulfillment of dowry demand and also assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been

Patna High Court CR. MISC. No.29761 of 2023(3) dt.24-08-2023 2/2 implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. Allegedly the F.I.R. has been lodged u/s 323, 341, 307, 498A, 504, 506/34 of the Indian Penal Code but the charge sheet has been submitted against the petitioner u/s 341, 323, 498 A and 504 of the IPC. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.07.2022.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhojpur Mahila P.S. Case No. 19 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur at Ara.

(Sunil Kumar Panwar, J) lata/- U T