Rahul Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50187 of 2022 Arising Out of PS. Case No.-50 Year-2021 Thana- MAHILA PS District- Jamui ====================================================== Rahul Kumar Srivastava Son Of Binod Kumar Srivastava @ Bhikhari Lal R/V- Sahgi, P.S- Garhani, Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Srivastava Wife of Rahul Kumar Srivastava R/V- Sahgi, P.S- Garhani, Dist- Bhojpur. At present Puja Srivastava, Daughter of Sri Binod Kumar Sinha, R/V- Kalyanpur, P.S- Jamui Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 498A, 341, 323, 504 and 506 read with 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Act.

As per the prosecution case, the allegation against the petitioner and the co-accused persons is to torture the informant physically and mentally for the sake of dowry as Rs. 5,00,000/-.

Patna High Court CR. MISC. No.50187 of 2022(4) dt.09-02-2023 2/3 It is further alleged that petitioner has established illicit relationship with Parnami Kumari and Saniya Kumari and when the informant protested, then she was ousted from her matrimonial home by the accused persons.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is husband of the informant. Both the parties appeared before the Court and stated that they are living peacefully and leading their conjugal life happily and smoothly. A joint compromise petition has been filed which is signed by both the parties and the same is identified by the respective lawyers.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jamui in connection with Jamui Mahila P.S. Case No. 50 of

Patna High Court CR. MISC. No.50187 of 2022(4) dt.09-02-2023 3/3 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T