Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45886 of 2014 Arising Out of PS.Case No. -305 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Rajeev Kumar S/o Fulena Kumar Singh @ Fulendra Mahto @ Fulendra Kr. Singh Resident of Village - Sanha Naya Tola, P.S. - Sahebpur Kamal, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rinki Kumari D/o Shri Kamlakant Mahto, R/o Lakhmenia Kurmi Tola, P.S. Ballia, District - Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 25-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 379/34 of the Indian Penal Code and 4 of Dowry Prohibition Act.

Patna High Court Cr.Misc. No.45886 of 2014 (5) dt.25-08-2015 2/3 The basic accusation is of torture for nonfulfillment of the dowry demand. On submission of learned counsel for the petitioner that the complaint has performed second marriage the notices were issued to the complainant vide order dated 13.02.2015.

It appears from the record that the matter was adjourned on 05.05.2015 and 20.07.2015 on the request of counsel for opposite party no. 2, the complainant, but today none is appearing on behalf of the complainant.

The petitioner through his counsel is present.

Considering the fact that the none is appearing on behalf of the complainant to controvert the contention of the learned counsel for the petitioner that the complainant has performed second marriage, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Begusarai in connection with Complaint Case No.

Patna High Court Cr.Misc. No.45886 of 2014 (5) dt.25-08-2015 3/3 305C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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