Rabi Kumar @ Ravi Kumar @ Ravi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49760 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA P.S District- West Champaran ====================================================== RABI KUMAR @ RAVI KUMAR @ RAVI SAH, Son of Late Harimohan Sah, Resident of Village - Chanayan Banbh, Kasera Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rekha Devi, Wife of Rabi Kumar @ Ravi Kumar @ Ravi Sah, Resident of Village - Chanayan Banbh, Kasera Tola, P.S.- Majhaulia, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pancha Nand Pandit, APP Mr. Sanjay Kumar No.7, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2.

Petitioner seeks bail in Mahila P.S. Case No.05 of 2019 instituted for the offence under Section(s) 341, 323, 498A, 506 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of the informant.

It is alleged that informant was married with this petitioner on 16.03.2015. She was tortured in her Sasural. One son was born out of the wedlock. The informant was ousted

Patna High Court CR. MISC. No.49760 of 2019(2) dt.16-08-2019 2/2 from the house on account of non-fulfillment of demand of dowry. It is further alleged that petitioner has performed second marriage with another girl, Sobhan Kumari.

Counsel for the petitioner submits that petitioner has denied aforesaid allegation in para 9 of the bail application that he has performed any second marriage. Petitioner is always ready to keep the wife with full dignity, but she is not ready to live with the petitioner.

Counsel for the informant has opposed prayer for bail. Petitioner is in custody since 02.04.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Mahila P.S. Case No.05 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T