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Patna High CourtCR. MISC./55983/2019bail granted

Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

2022-01-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55983 of 2019 Arising Out of PS. Case No.-283 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Rajesh Kumar @ Rajesh Yadav Son of Munshi Yadav Resident of VillageChhoti Tengraila, P.S.-Naubatpur, District-Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Reena Devi Daughter of Late Shivpujan Chouhan Resident of VillageSarari, P.S.-Naubatpur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.55983 of 2019(6) dt.10-01-2022 2/3 The basic accusation is of torture for nonfulfillment of dowry demand. It appears that vide order dated 21.10.2021, Dasti Summon has been issued to the opposite party No. 2 for her appearance before this Court.

It is submitted by learned counsel for the petitioner that the opposite party No. 2/informant has refused to take Dasti Summon. It is further submitted that petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 16 of the petition.

Considering the aforestated facts and the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in

Patna High Court CR. MISC. No.55983 of 2019(6) dt.10-01-2022 3/3 connection with Naubatpur P.S. Case No. 283 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the informant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

(Sunil Kumar Panwar, J) Shageer/- U T