Rakesh Singh @ Rakesh Kumar Singh @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65109 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Rakesh Singh @ Rakesh Kumar Singh @ Rakesh Kumar S/O Jay Narayan Singh R/o village- Jasauli Patti, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shreya Singh W/o Rakesh Singh @ Rakesh Kumar Singh R/o villageBhusaulwa, P.S.- Kesaria, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Karandeep Kumar, Advocate For the State :
Mr. Humayou Ahmad Khan, APP For the O.P. No.2 : Mr. Dhurendra Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for
Patna High Court CR. MISC. No.65109 of 2021(10) dt.19-12-2023 2/2 the petitioner further submitted that he has instructions that opposite party no.2 is living with the petitioner.
5. Per contra, learned counsel for the opposite party no.2 submitted that he has no instructions in this regard.
6. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.71 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
7. At the time of furnishing his bail bonds, petitioner is directed to file an affidavit in the learned Court below stating therein that opposite party no.2 is residing with him and both the persons shall also be physically present before the learned Court below, then the bail bonds of the petitioner shall be accepted by the learned Court below.
8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T