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Patna High CourtCR. MISC./8570/2018disposed

Rajeev Kumar @ Rajneesh Kumar @ Rajiv Kumar @ Rajnish Kumar v. State Of Bihar And ANR

2018-09-10Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8570 of 2018 Arising Out of PS. Case No.-233 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Rajeev Kumar @ Rajneesh Kumar @ Rajiv Kumar @ Rajnish Kumar S/o Late Gaya Prasad R/o Uttarwari Pokhara, Bankers Colony, Bettiah, P.S. Sadar town in the District of West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rubu Kumari @ Nandani Kumari W/o Rajeev Kumar, D/o Bijay Prasad Near Ramnagar Sugar Mill, P.S.- Ramnagar, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Sinha For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 This is an application for grant of Anticipatory Bail to the petitioner who is apprehending his arrest in Bettiah Town (Kalibagh O.P.) P.S. Case No. 233 of 2017 under Sections 498A , 315, 341 of IPC and 3⁄4 Dowry Prohibition Act. Informant is the wife of petitioner and marriage between them was solemnized on 27.04.2016 in which cash and gifts were presented to in laws of informant but thereafter petitioner and his mother started demanding Maruti Car and on non-fulfilling of said demand she was being tortured and she was also aborted once and thereafter she was ousted from her matrimonial home.

It has been submitted by petitioner that he is innocent

Patna High Court Cr.Misc. No.8570 of 2018(7) dt.10-09-2018 2/2 and has been falsely implicated in this case. The demand of dowry and torture is false and concocted. It has been further submitted that petitioner has filed a divorce Case No. 66 of 2017 against the complainant on 10.02.2017 and in retaliation of this present Cr. Case has been filed on 01.04.2017. Petitioner was granted police bail under Section 46(1) of Cr.P.C. and as such in terms of judgment and order passed by this Hon'ble Court in case of Mahendra Prasad Singh Vs. State of Bihar reported in 2005 (3) PLJR (HC) 491 as well as judgment and order in case of Ram Bilash Singh Vs state of Bihar reported in 2008 (3) PLJR (HC) 253. Petitioner is directed to appear before the court below within 6 weeks and he shall be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T