Rakesh Kumar Roy @ Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.695 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== Rakesh Kumar Roy @ Rakesh Kumar Rai Son Of Late B.D. Rai Resident Of House No.20, Phase No.02, Khajuri Kala Near Ballabh Nagar, P.S.- Awadeshpuri, District- Bhopal, State- Madhaya Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manisha Patel Daughter of Dhanraj Patel Resident of Mohalla Mauri Gali, Machharhatta, P.S.- Khajekala, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Though the opposite party no. 2 has appeared through Vakalatnama but nobody appears her behalf.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 498A of the Indian Penal Code and Section 3⁄4 of the DP Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant does not want to live with the petitioner and after solemnization of marriage, she hardly

Patna High Court CR. MISC. No.695 of 2022(3) dt.20-09-2022 2/2 remained 3-4 months with the petitioner. He submits that earlier petitioner had filed divorce case bearing C.A. Case No. 1776 of 2021 under Section 13(I) of the Hindu Marriage Act before the Principal Judge, Family Court, Bhopal thereafter the informant to create defence, filed present FIR against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patna (Mahila) P.S. Case No. 58 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T