Santosh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40884 of 2020 Arising Out of PS. Case No.-78 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== SANTOSH KUMAR RAI Son of Nagendra Rai Resident of Village - Chakhazi, P.O. - Hussainipur, P.S. - Tisiauta, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Tisiauta P.S. Case No.78 of 2019, registered for the offence punishable under Section 498A of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

The allegation upon the petitioner is that he being the husband of the informant and his family members have tortured the informant for demand of Rs.5 Lakhs.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No such occurrence as alleged ever took place. The petitioner is innocent

Patna High Court CR. MISC. No.40884 of 2020(2) dt.23-11-2021 2/2 and the marriage of petitioner was performed by the father of the informant forcefully after kidnapping him. It is further submitted that the petitioner's side have filed a complaint case against the informant's side, before the learned Chief Judicial Magistrate, Vaishali on 05.09.2018, which was registered as Complaint Case No.2479 of 2018 and thereafter, the informant has filed this case after one year. He has no criminal antecedent. Learned counsel for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, it is apparent from the impugned order that notice was sent to the informant to appear in person before the court but she did not turn up.

As such, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor court, in connection with Tisiauta P.S. Case No.78 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.