Rahul Kumar @ Shashi Kapur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70604 of 2024 Arising Out of PS. Case No.-440 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Rahul Kumar @ Shashi Kapur Son of Loknath Singh @ Loknath Aspujan Singh Resident of Village - Bhulukuan, P.S.- Piro, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari Wife of Rahul Kumar @ Shashi Kapur D/o Radheshyam Singh, Resident of Village - Mahadevganj, P.S.- Nawanagar, District - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Dimpal Kumari, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard the parties.

2.

The petitioner seeks bail in connection with a case registered under sections 341, 323, 498(A) of the IPC and sections 3⁄4 of Dowry Prohibition Act.

3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.

Patna High Court CR. MISC. No.70604 of 2024(2) dt.18-10-2024 2/2 Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner has no criminal antecedent and he is in custody since 22.08.2024.

5.

Considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail, on furnishing bail bonds 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 Complaint Case No.440/2022.

6.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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