Rahul Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73194 of 2019 Arising Out of Case No.-2733 Year-2018 COMPLAINT CASE District- Araria ====================================================== RAHUL KRISHNA S/ o Harendra Prasad Singh, Road No. 10, House No. 23, PS Patliputra, District Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Dr. Kumari Neha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyam Bihari Singh Mr. Devonid Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2023 Heard learned counsels for the parties.

The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A) of the I.P.C. and u/s 4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim and he is ready to keep his wife with full honour and dignity. It is further submitted that pursuant to order passed in case No. 1048/ 2018 by the Family Court, Patna petitioner was directed to pay Rs. 10,000/ - per month to the

Patna High Court CR. MISC. No.73194 of 2019(14) dt.10-07-2023 2/2 wife and Rs. 5,000/- for minor son and petitioner has started paying the amount in favour of the wife through Nazarat vide slip No. 24 dated 12/04/2022 There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further relied upon the 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. Petitioner has got clean antecedent.

Learned counsel for the State and the O.P. No.2 opposed the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Sub divisional Judicial Magistrate, Araria in connection with Complaint case No. 2733C/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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