Rajeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46977 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== Rajeev Kumar Son of late Satya Narayan Sharma Resident of Aajam Nagar Kali Mandir Ward No. 1, P.S. L.N.M.U. Distt. Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Vandana Kumari wife of Rajeev Kumar Resident of Aajam Nagar Kali Mandir Ward No. 1 6, P.S P.S. L.N.M.U. Distt. Darbhanga. at Present D/o Premlal Bhagar , R/m Urdu Bajar, P.O.- Lalbag, P.S. Laheriya Sarai, Dist. Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 498A, 368, 494, 370/34 of the Indian Penal Code and Sections 3, 4 and 5 of the Domestic Violence Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.5.2018 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.46977 of 2018(2) dt.01-08-2018 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga in connection with Mahila P.S. Case No. 1/2018.

(Sudhir Singh, J) Pankaj/- U T