Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39438 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== RAKESH KUMAR son of Birendra Kumar Ram @ Butan Ram @ Birendra Kumar @ Birendra Ram Resident of Village- and P.O.- Shahpur, P.S.- Shahpur, District- Bhojpur.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate.

For the State :

Mr. Tarkeshwar Nath Thakur, A.P.P.

For the Informant :

Mr. Ajay Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 23/24.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant, through Video Conferencing.

The petitioner apprehends his arrest in connection with Shahpur P.S. Case No.52 of 2020 registered under Sections 498(A) and 306/34 of the Indian Penal Code.

The accusation is that 10 years before, the informant

Patna High Court CR. MISC. No.39438 of 2020(2) dt.15-07-2021 2/3 Butan Ram performed the marriage of his daughter, namely, Puja Kumari, with Paras Nath Ram, son of Radhamohan Ram, of village-Shahpur, Ward No.4, P.S. Shahpur, District-Bhojpur, and, after marriage, she was blessed with three children. On 22.02.2020, the informant received the message on his whatspp of mobile phone about the suicidal note of his daughter, in which she disclosed about harassing and causing assault to her at the hands of her husband and other in-laws. On the next day, the informant received the information through mobile phone about committing suicide by his daughter.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner is not named in the F.I.R. nor he is connected in any manner with the family members of the husband of the daughter of the informant. In course of investigation, it has only come against the petitioner that he had illicit relation with the daughter of the informant. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.39438 of 2020(2) dt.15-07-2021 3/3 each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bhojpur at Ara, in connection with Shahpur P.S. Case No.52 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T