Rajeev Rai @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50289 of 2025 Arising Out of PS. Case No.-705 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Rajeev Rai @ Rajeev Kumar, S/o Bhushan Rai, R/o Village - Majhaauli, P.S. - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-08-2025 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Ms. Pushpa Sinha No. 1, learned APP for the State.

2. Petitioner seeks regular bail in connection with Bidupur P.S. Case No. 705 of 2024 dated 04.11.2024 registered for the offences punishable under sections 115(2), 126(2), 109, 89, 85, 352 and 3(5) of the Bharatiya Nyaya Sanhita and sections 3/4 of the Dowry Prohibition Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail for last 71⁄2 months and he is the husband of the informant. Though as per the allegation, this petitioner and his family members assaulted the informant causing fracture injury to her left wrist, which is not a vital part of the body, however, the petitioner has suffered a lot on account of his long custody period and against him, the investigation has been completed. It is further submitted that in respect of the allegation of miscarriage allegedly caused to the

Patna High Court CR. MISC. No.50289 of 2025(2) dt.11-08-2025 2/2 informant on account of the alleged assault, no any kind of medical evidence was given during the investigation. It is lastly submitted that the petitioner's marriage with his wife (informant) took place in the year 2017 and there are three children from their conjugal relationship.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Heard both the sides and perused the FIR and the trial court's order. Though against this petitioner, there is serious allegation as to assaulting his wife causing fracture to her left wrist, however, considering the petitioner's custody period, which has been about 71⁄2 months and against him the investigation has been completed and there are three children from the conjugal relationship between the petitioner and the informant, in my opinion, it is a fit case for bail to the petitioner at this stage. Accordingly, let the petitioner named-above be released on 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 court concerned in connection with Bidupur P.S. Case No. 705 of 2024.

(Shailendra Singh, J) annu/- U T