Rajesh Kumar @ Rajesh Kumar Kaushal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57529 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rajesh Kumar @ Rajesh Kumar Kaushal S/O Ram Awdhesh Ram R/O Village- Anantpura, P.S.- Shivsagar, Dist.- Rohtas, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Nitu Kumari W/O Rajesh Kumar, D/O Chandeshwar Ram R/O Vill.- Mishripur, P.S.- Sasaram, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepti Pandey, Adv For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sasaram Muffasil P.S. Case No. 145 of 2025 registered for the offence/s punishable u/s 115(2), 191(2), 85, 76, 351(2), 352 and Section 3/5 of the B.N.S.
3. As per the prosecution case, the petitioner is alleged to have outraged the modesty of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant and nothing has happened as alleged in the FIR. There is general and
Patna High Court CR. MISC. No.57529 of 2025(3) dt.04-11-2025 2/3 omnibus allegation against the petitioner. Learned counsel for the petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas at Sasaram, in connection with Sasaram Muffasil P.S. Case No.
Patna High Court CR. MISC. No.57529 of 2025(3) dt.04-11-2025 3/3 145 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
8. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T