Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29694 of 2020 Arising Out of PS. Case No.-2192 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RUPESH KUMAR Son of Mahendra Rai Resident of Village- Dipau, P.S.- Kotwa, District- East Champaran.

... ... Petitioner.

Versus

1.

The State of Bihar 2.

Priyanka Devi D/o Late Manager Yadav Resident of Village- Dhanitola Satanha, P.S.- Pahadpur, District- East Champaran. ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A & 323 of the Indian Penal Code

Patna High Court CR. MISC. No.29694 of 2020(2) dt.10-12-2020 2/3 and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been 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 falsely been implicated in the present case due to petty family dispute. The present prosecution is based on the basis of complaint. The petitioner is alleged to be husband of the victim. The petitioner undertakes that he will cooperate in the trial. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.29694 of 2020(2) dt.10-12-2020 3/3 Chief Judicial Magistrate, Motihari, East Champaran in connection with Trial No. 2405 of 2019 arising out of Complaint Case No. C-2192 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T