Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65666 of 2019 Arising Out of PS. Case No.-448 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAJU KUMAR Son of Kameshwar Mahato @ Kameshwar Mahto Resident of Village-Pathra, Police Station - Khizar Sarai, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rubi Kumari Wife of Raju Kumar, D/o Rohit Prasad At present Resident of Village-Jethouna, Police Station-Khudaganj, District-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.448C of 2016 , registered for offences punishable under Sections 341, 323, 498(A), 504 and506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

As per FIR there is allegation against the petitioner, who happens to be husband of the complainant of demand of Colour TV and a vehicle and for non-fulfillment of the same subjected her to assault and cruelty.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.65666 of 2019(3) dt.12-12-2019 2/3 that the allegation is false and concocted and he is still ready to keep her with dignity and care and that stand he has taken before the learned court below also but the complainant appeared and refused the reside with the petitioner and the matter was referred to the Mediation Centre by this Court and the mediation has also failed. In spite of the fact that the petitioner is ready to execute a gift of one Bigha land. On the other hand the learned counsel for the O.P.no.2 has appeared and submitted that the petitioner has solemnized marriage with another lady, however, process has not been issued under those Sections and due to that she is not ready to reside with the petitioner and she is ready for one time settlement but the same has not been fulfiled. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Hilsa, Nalanda in connection with Complaint Case No.448C of

Patna High Court CR. MISC. No.65666 of 2019(3) dt.12-12-2019 3/3 2016 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T