Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38778 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Rahul Kumar Son Of Sunil Kumar Singh Resident Of Village Tarwar, P.S. Bhagwanpur Hat, District Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rimmi Rai, wife of Rahul Kumar, D/O Suresh Kumar Rai R/O Village Bhagwanpur Hat, P.S. Bhagwanpur, District Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

It is a case of cruelty and harassment due to non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that for the alleged occurrence of 10.03.2020,

Patna High Court CR. MISC. No.38778 of 2020(8) dt.20-04-2022 2/3 the F.I.R was registered on 11.03.2020 and the same was transmitted to the learned Court below on 18.03.2020. It is further submitted that injury report of the informant has been brought on record as Annexure-3 which suggests the date as 06.03.2020 four days prior to the alleged occurrence i.e. 10.03.2020. In fact, the petitioner was assaulted by the informant and his other family members when he went to meet his wife on 10.03.2020 at her house. The injury report of the petitioner has been brought on record as Annexure-2 series. The informant has been employed as Panchayat Teacher since 2013 and she herself does not want to live with the petitioner.

Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that in spite of several efforts, the matter could not be settled due to the adamant behaviour of the petitioner. In the facts and circumstances of the case, let

Patna High Court CR. MISC. No.38778 of 2020(8) dt.20-04-2022 3/3 the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail 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, Siwan in connection with Bhagwanpur Hat P.S. Case No. 56 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Since both sides agree for an amicable settlement, learned Court below is expected to make an effort for an amicable settlement between the parties. (Sunil Kumar Panwar, J) Shageer/- U T