Rohit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54741 of 2022 Arising Out of PS. Case No.-394 Year-2021 Thana- DUMRAO District- Buxar ====================================================== ROHIT KUMAR RAI Son of Harihar Rai R/O Vill.- Civil Line, Ward No.- 17, Near Bhumihari Field Buxar, P.S.- Buxar (N), District - Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Saroj Daughter of Ramayan Thakur W/O Rohit Kumar Rai, R/O Vill.- Anjan Brham Baba Station Raod, Dumaron, P.S.- Dumaron, District - Buxar.

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner apprehends his arrest in a case registered under sections 341, 323, 498(A), 379, 504, 506 and 34 of the IPC and Section 3⁄4 of the D.P. Act. Allegation against the petitioner is of committing torture upon the victim in association with his family members for non-fulfilment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.54741 of 2022(2) dt.15-12-2022 2/3 that petitioner is an innocent person and has committed no offence. Petitioner has never made any torture upon the victim and has been falsely implicated in the present case due to grudge. He has never made any dowry demand from the informant. 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. It is submitted that the petitioner is still ready and willing to keep his wife with full honour and dignity. Learned counsel for the O.P. No.2 has submitted that the O.P. No.2 is ready to live with the petitioner, provided she is not tortured.

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 Dumraon P.S. Case No.394/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.54741 of 2022(2) dt.15-12-2022 3/3 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) ajay/- U T