Rakesh Kumar Singh @ Rakesh Singh Kushwaha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5984 of 2017 Arising Out of PS. Case No.-388 Year-2013 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Rakesh Kumar Singh @ Rakesh Singh Kushwaha Son of Late Jaychand Prasad Singh, R/o Village- Satish Nagar, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Meena Kumari Wife of Rakesh Kumar Singh @ Rakesh Singh Kushwaha D/o Bramhdeo Prasad Singh, R/o Village- Hardayal Nagar Banni, P.S.- Mahesh Khut, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. MATLOOB RAB, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 None appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.5984 of 2017(9) dt.22-09-2017 2/2 the Magistrate. It has further been submitted on behalf of the petitioner that the matter has already been settled between the parties. 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.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Complaint case No.388 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T