Raja Kumar @ Raja Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54507 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- MAHILA P.S District- Supaul ====================================================== RAJA KUMAR @ RAJA SAH S/O LATE BHARAT SAH Resident of Village- Supaul Nagar Parisad Ward No- 12, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MANISHA KUMARI W/O RAJA SAH, D/O SHALENDRA SAH Resident of Village- Rajpur Hat Ward No- 3, P.S.- Pipra, District- Supual. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP Mr.Ranjay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered under sections 498(A), 341, 323, 504, 506, 379, 34 of the IPC and sections 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case

Patna High Court CR. MISC. No.54507 of 2022(5) dt.06-02-2023 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Supaul Mahila P.S. Case No.13/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T