Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69075 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAHUL KUMAR S/O SITARAM SAH Resident of village- Jamalabad, P.S.- Ahiyapur, District- Muzaffapur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MANISHA SAH WO RAHUL SAH D/O LAKHINDRA SAH Resident of village- Jamalabad, P.S.- Ahiyapur, District- Muzaffapur, At present resident of village- Prahladpur, P.S.- Mushahari, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341/323/498(A)/ 494/504/506/34 of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.

It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection,

Patna High Court CR. MISC. No.69075 of 2022(3) dt.11-05-2023 2/2 petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 282 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T