Rajesh Kumar Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76982 of 2018 Arising Out of PS. Case No.-687 Year-2017 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Rajesh Kumar Patel, son of Jagdish Prasad, Resident of Village- Vena, P.S.- Vena, District- Nalanda.

... ... Petitioner/s

Versus

1.

State of Bihar.

2.

Kumari Rajani, Daughter of Late Ram Pravesh Singh, Resident of VillageSrichandpur, P.S.- Harnaut, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.687C of 2017, disclosing offences under Sections 498A, 323, 341, 379, 34 of the Indian Penal Code.

Complaint petition disclosed an allegation that petitioner happens to be the husband of the complainant and on demand of rupees one lakh and for that, assaulted her with cruelty and harassment and ousted her from the house. Submission of the learned counsel for the petitioner is that as a matter of fact, a divorce case has been filed by the petitioner against the complainant and thereafter, the present case has been lodged. No specific allegation has been attributed against the petitioner either of demand or of assault or of any

Patna High Court CR. MISC. No.76982 of 2018(3) dt.02-07-2019 2/2 other kind.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who opposed the prayer for bail on the ground that at the time of lodging complaint petition, the petitioner did not give any maintenance in the divorce case and she was subjected with cruelty and harassment continuously. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Smt. Sefali Narayan, the learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif, in connection with Complaint Case No.687C of 2017 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T