Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79372 of 2023 Arising Out of PS. Case No.-1467 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Rakesh Kumar son of Surendra Kumar @ Prasad Mohalla- H.NO-P1/552, Gali NoA-16, Sultanpuri North Ps- Sultanpuri Dist- New Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Preeti Devi wife of Rakesh Kumar Mohalla- H.No- P-1/552, Gali No-A-16, Sultanpuri North Ps- Sultanpuri Dist- New Delhi P/A- D/o- Rambabu Sah Mohalla- Sakmapul Mirzapur Ps- Darbhanga Town Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with C.R. No. 1467 of 2019 registered for the offences punishable under Section 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.79372 of 2023(3) dt.05-03-2024 2/3

3. The allegation against the petitioner is to commit cruelty against O.P. No. 2/wife.

4. Learned counsel appearing on behalf of the petitioner submitted that allegation against petitioner is very much general and omnibus in nature, where implication appears only being husband. It is submitted that petitioner being husband already paying Rs. 10,000/- as an ad-interim maintenance amount to O.P. No. 2/wife, as per direction of learned Family Court, Rohini, Delhi.

5. Learned APP appearing on behalf of State, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact as petitioner is already paying maintenance amount of Rs. 10,000/- to O.P. No. 2/wife, coupled with fact allegation, qua petitioner is general and omnibus, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga/concerned Court where the case is pending in connection with C.R. No.

Patna High Court CR. MISC. No.79372 of 2023(3) dt.05-03-2024 3/3 1467 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T