Rahul Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25635 of 2016 Arising Out of PS.Case No. -658 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Rahul Kumar son of Ajay Kumar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sudha Kumari wife of Rahul Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is languishing in custody since 06.05.2016 in a case registered for the offences punishable under sections 498A, 323, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand and performing second marriage by the petitioner with one Swity Kumari.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and birth of a child. In fact, petitioner is unemployed person whereas her wife i.e. the informant is a Panchayat Teacher and hence the matrimonial harmony got disturbed due to the latches on the part

Patna High Court Cr.Misc. No.25635 of 2016 (3) dt.05-07-2016 2/2 of the informant.

Considering the nature of accusation, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Hilsa, Nalanda, in connection with Hilsa P.S. Case No.658/2015.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T