Rajan Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5056 of 2023 Arising Out of PS. Case No.-558 Year-2022 Thana- DANAPUR District- Patna ====================================================== RAJAN KUMAR MISHRA SON OF DINESH MISHRA R/O VILLAGEBADAKA GAON, P.S.- BUXAR INDUSTRIAL, DISTRICT- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP.
Mr. Sheo Jee Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard the parties.
2. Both the petitioner and O.P. No.2 made their physical appearance in the Court.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 498 (A), 504 and 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. Allegedly, petitioner, being the husband of the informant, is said to have tortured upon her physically and mentally in association of other family members over the dowry demand. Petitioner has illicit relationship with an
Patna High Court CR. MISC. No.5056 of 2023(4) dt.21-08-2023 2/3 another lady in Mumbai where he is posted.
5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is ready to keep the informant with full dignity and honour. He is ready to take her with him to Mumbai and for the same he has booked two tickets for 09.09.2023 for Mumbai. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond 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 Danapur P.S. Case No. 558 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. However, if petitioner will not take his wife along
Patna High Court CR. MISC. No.5056 of 2023(4) dt.21-08-2023 3/3 with him to Mumbai, the informant would be at liberty to file an application before the learned Court below to cancel the bail bond of the petitioner.
(Anjani Kumar Sharan, J) divyanshi/- U T