Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41167 of 2014 Arising Out of PS.Case No. -687 Year- 2012 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Rajesh Kumar, son of Jawahar Prasad, Resident of Village - Hajra Khand, P.S. Sirdalla, District - Nawada .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. R.P.S.Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is the husband, who is apprehending his arrest in connection with Complaint Case No.687 of 2012 for allegedly having committed the offences under Sections 498A, 379, 323, 324,307 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner, however, submits that cognizance in the present case has been taken only under Section 498A of the Indian Penal Code. It is further submitted on behalf of the petitioner that though his wife Punam Devi was married to the petitioner in the year 2005, yet she refused to stay in her Sasural and returned back to her Maiykey and since 2012

Patna High Court Cr.Misc. No.41167 of 2014 (3) dt.11-03-2015 2/2 she is remaining away from the petitioner despite the fact that the petitioner and his family member are willing to perform her second marriage and bring her back to his house. Learned counsel for the petitioner further submits that she never lived with the petitioner and allegation of torture is only frivolous. Considering the aforementioned submissions and also the fact that the petitioner is willing to keep the complainant with full dignity and honour, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nawada, in connection with Complaint Case No.687 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T