Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56181 of 2023 Arising Out of PS. Case No.-1529 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAHUL KUMAR SON OF RAJDEV SINGH RESIDENT OF VILLAGE - SARWAN ROAD KARNIBAGH, HOUSE NO.2, BEHIND T.V.S. SHOWROOM, P.S. - KUNDA, DISTRICT - DEOGHAR (JHARKHAND) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR PATNA 2.
SUSMITA KUMARI WIFE OF RAHUL KUMAR RESIDENT OF VILLAGE - SARWAN ROAD, KARNIBAGH, HOUSE NO.20, BEHIND T.V.S., POLICE STATION - KUNDA, DISTRICT - DEOGHAR (JHARKHAND). AT PRESENT DAUGHTER OF AKHILESHWAR SINGH, RESIDENT OF VILLAGE - MOHANPUR, POLICE STATION - MUFASSIL, DISTRICT - BEGUSARAI (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsels for the parties.
2. Though Vakalatnama has been filed on behalf of the opposite party no.2, but nobody appears on her behalf.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
4. Petitioner, who is husband of opposite party no2., is said to have tortured upon the complainant and ousted her from her matrimonial home in association of his family members over the dowry demand.
Patna High Court CR. MISC. No.56181 of 2023(3) dt.27-02-2024 2/3
5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. There is no allegation against the petitioner to tamper the evidence. It is further submitted that prior to this complaint case, petitioner has filed Matrimonial Divorce Suit No. 179 of 2022 before learned Principal Judge Family Court at Deoghar (Jharkhand). Petitioner has no criminal antecedent.
6. Learned APP for the State opposes the prayer for bail.
7. 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. 1529 C of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
8. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of
Patna High Court CR. MISC. No.56181 of 2023(3) dt.27-02-2024 3/3 reconciliation or for one time settlement.
9. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T