Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63961 of 2023 Arising Out of PS. Case No.-460 Year-2023 Thana- KANKARBAG District- Patna ====================================================== RAHUL KUMAR SON OF VIVEKANAND SHARMA RESIDENT OF VILLAGE - SAGUNI, P.S. - MASAURHI, DISTRICT - PATNA AT PRESENT RESIDENT OF MOHALLA - R.M.S. COLONY, ROAD NO.5'A'M O,S, - KANKARBAGH, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 498(A), 324, 307/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

3. As per prosecution case, the informant was married with the petitioner and she went to her in-law's house, where she lived peacefully. Thereafter, it is alleged that she was given physical tortured and the petitioner asked her to get Rs. 30 lacs from her father otherwise, she will be killed. It is further alleged that the accused persons assaulted the informant by means of iron rod and knife due to which she sustained injury.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.63961 of 2023(2) dt.11-10-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour. Further, it is submitted that the informant sustained injury on hand, which is not a vital part. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Kankarbag P.S. Case No. 460 of 2023.

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