Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33581 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- MAHILA P.S. District- Saharsa ====================================================== Rupesh Kumar @ Rupesh Yadav, Son of Chandradev Yadav @ Chanardev Yadav Resident of Village - Khamhouti Ward No.7, P.S.- Bakhtiyarpur, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the informant :

Mr. Shardanand Mishra, Advocate Mr. Deepak Kumar, Advocate Mr. Rajiv Ranjan, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saharsa Mahila P.S. Case no. 50 of 2018, registered under Sections 498(A), 323, 506 and 494/34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. The accusation is of torturing of the complainant by her husband and other in-laws due to non-fulfillment of demand of dowry and removing her from matrimonial house after snatching her personal belongings.

Learned counsel for the petitioner submits that, in

Patna High Court CR. MISC. No.33581 of 2019(2) dt.22-05-2019 2/2 fact, the petitioner was kidnapped by the relative of the informant and his marriage was forcibly performed wit the informant. Further submission is that petitioner has filed Matrimonial Petition (Voidable Marriage) No. 14 of 2019, under Section 12(I)(b)(c) of the Hindu Marriage Act for declaring the marriage null and void on 18.03.2019 in the Court of Principal Judge, Family Court, Saharsa, which is pending for disposal.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa in connection with Saharsa Mahila P.S. Case No. 50 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T