Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42631 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -MAHILA P.S. District- PATNA ======================================================

1. Rajesh Kumar, Son of Late Jag Narayan Singh, Resident of Village & P.O.- Parsa Bazar, Punpun, P.S.- Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sumit Kumar Jha For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 29 of 2018, registered for offences punishable under Sections 376/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be father of the main accused of this case, against whom there is allegation of establishing physical relationship with the informant on the promise of marriage but the marriage was not solemnized and it is alleged that the whole incident took place in the house of the petitioner and he has full knowledge about the act of main accused of this case and he is also responsible for the offence.

It has been submitted on behalf of the petitioner that whatever allegation is there that is against the co-accused of this

Patna High Court Cr.Misc. No.42631 of 2018 (3) dt.31-08-2018 2/3 case and petitioner has falsely been made accused this case. It has further been submitted that daughter and wife of the petitioner has also been made accused in this case and the daughter of the petitioner has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 05.07.2018 passed in Cr. Misc. No. 37978 of 2018. Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail. Learned counsel for the informant stated that the incident took place inside the house of the petitioner and he being father of the main accused of this case is also responsible for the occurrence and he should have stop his son to do such illegal act.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Patna, in connection with Mahila P.S. Case No. 29 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a

Patna High Court Cr.Misc. No.42631 of 2018 (3) dt.31-08-2018 3/3 local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T