Patna High CourtCR. MISC./12814/2015bail granted

Rakesh Manjhi @ Rakesh Kumar Manjhi v. State Of Bihar And ANR

2015-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12814 of 2015 Arising Out of PS.Case No. -263 Year- 2014 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Rakesh Manjhi @ Rakesh Kumar Manjhi son of Doma Manjhi resident of village- Sareya Narendra, P.S.- Barauli, District- Gopalganj .... .... Petitioner

Versus

1. The State of Bihar

2. Sangita Devi wife of Rakesh Kumar Manjhi, daughter of Raghunandan Manjhi, resident of village- Kawahi, P.S.- Uchakagaon, DistrictGopalganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Javed Aslam For the Opposite Parties : Mr. Kalayan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Heard learned counsels for the petitioner and the State.

Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 406 of the I.P.C. The basic accusation is torture for nonfulfilment of dowry demand. The marriage between the petitioner and the informant is admitted.

It is submitted by learned counsel for the petitioner that informant eloped with one Rahul Kumar when father of the petitioner filed Informatory Petition No. 2372 of 2014 on 22.07.2014. Thereafter the petitioner filed Matrimonial Suit No. 173 of 2014 on 09.09.2014 for divorce on the ground of elopement of the informant with Rahul Kumar and thereafter

Patna High Court Cr.Misc. No.12814 of 2015 (2) dt.26-03-2015 2/2 the present was filed on 02.11.2014. The mother of the informant has also filed Informatory Petition No. 2382 of 2014 alleging that informant had illicit relationship with Rahul Kumar.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 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 Chief Judicial Magistrate, Gopalganj in connection with Uchakagaon P.S. Case No. 263 of 2014, G.R. No. 3675 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T