Rakesh Kumar @ Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47165 of 2019 Arising Out of PS. Case No.-27 Year-2017 Thana- SAHIYARA District- Sitamarhi ====================================================== Rakesh Kumar @ Rakesh Sah, Son of Late Bishwanath Sah, R/O VillageManariya, P.S.- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This is an application for grant of anticipatory bail in connection with Sahiara P. S. Case No. 27 of 2017, disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

As per F.I.R. there is allegation against the petitioner of torture and subjecting his wife to cruelty with respect to demand of dowry.

Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted. Moreover, she has married with another person.

Heard learned A.P.P. also.

In this case case diary was called for, vide order dated 21.10.2019 and now the case diary is also made available, which shows that she has solemnized marriage with another

Patna High Court CR. MISC. No.47165 of 2019(5) dt.18-11-2019 2/2 person.

In this case, in spite of notice, opposite party nos. 2 and 3 have not appeared.

Having heard both sides, considering the above facts, 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 learned S.D.J.M., Sadar, Sitamarhi, in connection with Sahiara P. S. Case No. 27 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