Patna High CourtCR. MISC./35030/2014bail granted

Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

2015-01-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35030 of 2014 Arising Out of PS.Case No. -72 Year- 2013 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajesh Kumar @ Rajesh Yadav, son of Biresh Yadav @ Ram Bilash Yadav, resident of village - Basmatiya, P.S. - Chanan, District - Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. D.P. Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2015 Heard both sides.

The petitioner seeks regular bail in Chandi P.S. Case No. 72 of 2013, registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The wife of the petitioner made allegation that petitioner subjected her to physical and mental torture and drove out from the house.

The learned counsel for the petitioner submits that petitioner was granted provisional anticipatory bail. An inquiry was ordered to be held. Petitioner did not solemnize second marriage but on the report of the Sub-divisional Police Officer, Hilsa, the learned court below found that the petitioner had already

Patna High Court Cr.Misc. No.35030 of 2014 (4) dt.19-01-2015 solemnized second marriage with Khushbu Kumari, daughter of Badi Yadav. Accordingly, his prayer for bail was rejected. The petitioner is in jail since 07.07.2014.

The learned counsel for the complainant submitted that informant-complainant is still ready to live with her husband. Be that as it may, considering the facts and nature of allegations made against the petitioner and the fact that the petitioner is in jail for about seven months, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 72 of 2013.

Kundan/- (Prabhat Kumar Jha, J.) U T