Rohit Kumar @ Rohit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55488 of 2022 Arising Out of PS. Case No.-1507 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rohit Kumar @ Rohit Sah Son Of Mantun Sah @ Mantun Shah R/O Village -Barauni Flag, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nitu Kumari Wife Of Rohit Sah, D/O Shankar Sah R/O Village - Lakho, P.S.- Muffasil, District- Begusarai.

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of opposite party no.2.

The petitioner apprehends his arrest in connection with Complaint Case No.1507 of 2019, registered for the offences punishable under Sections 323, 498(A), 406, 354, 376, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is of helping his father in his wrong doings. The petitioner used to assault her wife for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no

Patna High Court CR. MISC. No.55488 of 2022(4) dt.25-01-2023 2/3 criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is husband of opposite party no.2 and there is general and omnibus allegation against him. It is submitted that the petitioner is ready to keep his wife with full honour and dignity.

Learned counsel appearing on behalf of opposite party no.2 submits that opposite party no.2 is also ready to live with her husband. It is submitted that opposite party no.2 has filed a maintenance case being Maintenance Case No.126 of 2019 in which the petitioner is not appearing.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No.1507 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to appear in Maintenance Case filed by his wife. If petitioner does not appear in Maintenance Case on two consecutive dates, the opposite party

Patna High Court CR. MISC. No.55488 of 2022(4) dt.25-01-2023 3/3 no.2 would be at liberty to move for cancellation of bail bond of the petitioner.

(Anjani Kumar Sharan, J) S.KUMAR/- U T