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Patna High CourtCR. MISC./49835/2023allowed

Rajesh Thakur @ Rajesh Kumar Thakur v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49835 of 2023 Arising Out of PS. Case No.-2435 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Thakur @ Rajesh Kumar Thakur, S/O Late Dinesh Thakur R/O Village- Dhanauti, Chaurasia Chowk, Hajipur, Ps. Hajipur, Dist. Vaishali At Hajipur, At Present Residing At Bhairavnagar Tila, Ward No. 15, Tezpur, Ps. Tezpur, Dist. Sonitpur (ASSAM), Pin No. 784001 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nidhi Raj, D/O Late Jitendra Thakur, W/O Rajesh Thakur @ Rajesh Kumar Thakur R/O Mohalla- Langartoli, Kali Madir Gali, Post Office Bankipur, Ps. Kadamkuan, Dist. Patna, Bihar Pin Code 800004 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 2435 (C) of 2022 in which cognizance has been taken by the Court concerned under Sections 498 (A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of demand of dowry and torture to complainant/wife.

Learned counsel for the petitioner submits that petitioner is the husband of the complainant and is ready to keep

Patna High Court CR. MISC. No.49835 of 2023(2) dt.11-08-2023 2/2 his wife with full owner and dignity. But the complainant herself does not want to live with the petitioner and has falsely filed the complaint case against the petitioner. He further submits that petitioner is working in a private company and there is no chance of absconding or tampering with the evidence. Learned APP opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 2435 (C) of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T