Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53460 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- MAHILA PS District- Aurangabad ====================================================== Rahul Kumar Son of Radhey Shyam Narayan Prasad Resident of Village - Tejpratap Nagar (Setungar), Anishabad, P.S.- Beur, Dist.- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shewata Suman Wife of Rahul Kumar , D/o Brajesh Kumar Sinha Resident of Village - Kamalnagar Smriti, Satendra Nagar, P.S.- and Dist.- Aurangabad.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. S.N.P. Sinha, Sr. Adv.

Ms Rashmi Bharti, Adv.

For the Opposite Parties :

Mr. Kamalendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sadar Mahila P.S. Case No. 13 of 2019 registered under Sections 341, 323, 420, 354, 498-A, 379, 504 read with 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegations made in the FIR. As a matter of fact, the FIR has been instituted due to matrimonial discord and incompatibility and even the married sisters, uncles and younger brother have been made accused. It is further contended that the petitioner is still ready to keep his

Patna High Court CR. MISC. No.53460 of 2019(4) dt.16-11-2019 2/2 wife with dignity and honour in her matrimonial home. However, the informant herself is not ready to live with him. On the other hand, learned counsel appearing for the informant submitted that the plea of innocence taken by the petitioner is not correct. The informant also wants to settle in her matrimonial home, but due to cruelty being meted out upon her, she has left her matrimonial home and is residing with her parents.

Regard being had to the nature of allegation, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Sadar Mahila P.S. Case No. 13 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T