Rakesh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.6041 of 2017 (4) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6041 of 2017 Arising Out of PS.Case No. -91 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Rakesh Rai, Son of Ram Bachan Rai, Resident of Village - Sakadi, P.S. - Koilwar, District - Bhojpur at Ara (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the learned counsel for the informant.

The petitioner is accused in connection with Bhojpur Mahila P.S. Case No. 91 of 2015, registered under Sections 323, 398(A), 379 and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner is the husband of the informant and his prayer for anticipatory bail was allowed provisionally by a Bench of this Court, on 01.12.2015, vide Criminal Misc. No. 54362 of 2015 with direction that provisional bail of the petitioner will be confirmed by the learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the

Patna High Court Cr.Misc. No.6041 of 2017 (4) dt.22-03-2017 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. Thereafter, petitioner approached to his wife (informant) to lead conjugal live but she was not ready to live with this petitioner and thereafter petitioner was arrested on 11.12.2016 since then he is in custody. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bhojpur at Ara, in connection with Bhojpur Mahila P.S. Case No. 91 of 2015. (Rajendra Kumar Mishra, J) Bhardwaj/- U T