Patna High CourtCR. MISC./31479/2020bail granted

Bhunesh Rai v. The State Of Bihar

2021-04-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31479 of 2020 Arising Out of PS. Case No.-1794 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== BHUNESH RAI S/o- Virendra Rai Resident of Village- Mura Harlochanpur, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Rinki Kumari Wife of Bhunesh Rai Presently residing at her parental home at Village- Chaktullah, P.S.- Hajipur Sadar, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Nasar, Adv.

Mr.Ashish Kumar Ranjan, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP For the OP No.2.

Mr. Bijay Bhushan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2021 Heard Mr. Abu Nasar, learned counsel for the petitioner, Mr. Bijay Bhushan, learned counsel for OP No. 2 and Mr. Damodar Prasad Tiwary, learned APP through video conferencing.

2. Petitioner apprehends his arrest in connection with Complaint Case No. 1794/2019 registered for the offence punishable under Sections 498(A), 354(B) IPC.

3. The allegation, as per FIR, is that the marriage of OP No.2 was solemnized with the petitioner on 27.05.2006 and after some time, petitioner along with other accused persons started demanding Rs. 1 Lac and a bike and due to non

Patna High Court CR. MISC. No.31479 of 2020(4) dt.07-04-2021 2/3 fulfillment of the demand, petitioner tortured OP No.2 physically as well as mentally.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. Learned counsel further submits that in order to maintain harmony in the family petitioner is willing to pay Rs. 3000/- per month to OP No.2 by way of living cost subject to the final outcome of matrimonial and maintenance case filed between the parties.

5. Learned counsel for OP No.2 accepts the offer made by the learned counsel for the petitioner without prejudice to the rights and contention of OP No.2. Learned counsel also submits that bank account number of OP No.2 shall be provided to learned counsel for the petitioner within seven days. Having regard to the submissions made by the parties and taking into consideration that the offer made by the petitioner is acceptable to OP No. 2, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, BHUNESH RAI shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.31479 of 2020(4) dt.07-04-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No.C1- 1794/2019, subject to the conditions as laid down under Section 438(2) CrPC, and further condition that a sum of Rs. 3000/- shall be paid to OP No.2 every month starting from 15th of April in the bank account of OP No.2.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T