Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60205 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Rakesh Kumar Son of Prakash Tanti R/O Gopalpur, Post and P.S.- Manikpur, District - Lakhisarai ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Rina Kumari Wife of Rakesh Kumar D/O Ganesh Sab R/O Chamruchak Kali Sathan, Post and P.S.- Suryagarh (Manikpur), District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar , Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For informant :

Mr. Shyam Kishore Sharma, Advocate Mr. Satish Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner , opposite party No. 2 and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 82, 85 , 89 and 3 (5) of BNS and 3/ 4 of the D. P Act.

3 . As per the prosecution case , informant namely Reena Kumari alleged that she solemnized marriage with this petitioner on 1.11.2009. After some years of marriage , petitioner along with his family members started demanding dowry from the victim and due to non-fulfillment of the same , she was subjected to cruelty and harassment. It is further alleged that accused persons also gave medicine to victim due to which miscarriage was caused to her and

Patna High Court CR. MISC. No.60205 of 2025(2) dt.04-09-2025 2/2 finally, accused persons ousted the victim from her matrimonial house .

4. Learned counsel for the petitioner submits that informant is not the wife of this petitioner and he is innocent and has falsely been implicated in this case . Petitioner has got no concern with the informant. Petitioner solemnized marriage with one Kiran devi on 26.10.2022 and the certificate of the same was obtained from the Registrar on 11.11.2024 i. e ,. Annexure - 3 to the bail petition . Petitioner claims clean antecedent.

5. Learned counsel for the State as well as opposite party No. 2 opposed the prayer for bail and submitted that there is specific allegation against the petitioner is that being the husband of the victim, he along with his family members demanded dowry from the victim and due to non-fulfillment of the same , victim was subjected to cruelty and harassment and also caused miscarriage to her. It is further submitted that petitioner has solemnized second marriage and ousted the victim from her matrimonial house .

6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T