Rajesh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28891 of 2015 Arising Out of PS.Case No. -394 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Rajesh Kumar Singh son of Harikant Singh, resident of village- Bardahi, P.S.- Babubarhi, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Radha Devi D/o Sita Ram Mandal, Resident of village- Chuna Bhatti, Ward No. 4, P.S. and District- Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 The petitioner is apprehending his arrest in Complaint Cases no.6072/14 and 394 of 2014 (Tr.No.4865/14) for the offences under Sections 147, 149, 323, 498(A), 379, 313, 504/34 of the I.P.C. and 3⁄4 of Dowry Prohibition Act. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that the complainant was married with the petitioner on 14.9.2013. After three months her in-laws including the petitioner used to demand motorcycle from the complainant and on account of nonfulfillment of the same she was subjected to torture and on 10.3.2014 she was brutally assaulted by the accused persons

Patna High Court Cr.Misc. No.28891 of 2015 (2) dt.24-07-2015 2/2 including the petitioner as a result of which her pregnancy of three months was aborted.

On behalf of the petitioner it has been submitted that the marriage itself is denied. Though the petitioner is alleged to be the husband who is only 21 years old whereas the complainant is a mother of three children and much elder to the petitioner. It is further submitted that the petitioner has no criminal antecedent. On behalf of the State it has been submitted that the petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within six months from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Madhubani, in Complaint Case No.6072/14 and 394/14 (Tr. No.4865/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sudhir Singh, J) AnilKrSinha/- U T