Rajesh Kumar @ Sajesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.32158 of 2015 (3) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32158 of 2015 Arising Out of PS.Case No. -412 Year- 2014 Thana -DHANARUA District- PATNA ======================================================

1. Rajesh Kumar @ Sajesh Kumar Son of Nagesh Prasad Singh @ Ganesh Prasad Singh, resident of Village - Rashtra Nagar Radha, P.S. - Dhanarua, District - Patna. .... ....................................... Petitioner

Versus

1. The State of Bihar .... ........................ Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anirban Kundu For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Dhanarua P.S. Case No. 412 of 2014 registered for the offences punishable under Sections 341, 323, 504, 494, 498A/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act. Allegedly, the informant and the petitioner having love affairs got married and started living as husband and wife, thereafter, the petitioner and others started demanding dowry and then the father of the informant gave rupees two lacs but again they started demanding motorcycle and due to non-fulfillment the informant was ousted from the in-laws house after assaulting her on 19.11.2014 though she was pregnant.

Submission is of false implication and that nothing

Patna High Court Cr.Misc. No.32158 of 2015 (3) dt.06-11-2015 has been demanded, informant is niece of the petitioner in distant relation, no question arises for marriage, the uncle of the informant has also stated that no marriage has taken place. The petitioner is suffering in custody since 12.04.2015 and as such he deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri S.L. Priyadarshi, J. M. Ist Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 412 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T