Rahish Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21429 of 2017 Arising Out of PS.Case No. -3321 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rahish Kumar, S/o Rajkishore Mandal, resident of Village- Chainpur, P.S. Aurai, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Shashi Kumari W/o Rahish Kumar, D/o Sri Ram Shobhit Mandal R/o Vill- Angowa, P.S. Katra, Distt. Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Subesh Sharma, Advocate For the Opposite Parties : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 3321 of 2015, Sessions Trial No. 2825/2016, for the offences instituted under Sections 498(A) of the IPC.

The prosecution story, in brief, is that the complainant was married with this petitioner on 29.04.2015 as per Hindu rites and customs and in the said ceremony certain gifts were presented. After one week of her marriage, all the accused persons started demanding dowry of Rs. 30,000/- and a Laptop and for that she was subjected to cruelty and torture with threatening and for the said reason she was forced to leave the matrimonial house. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.21429 of 2017 (2) dt.23-05-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No specific allegation has been made against him. The petitioner is ready to keep the complainant as a wife with dull dignity and respect. Learned counsel for the petitioner has relied upon a judgment in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the complaint case and he is the husband of the complainant.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Complaint Case No. 3321/2015 (Trial No. 2825/2016) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class at Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T