Rahul Sharma @ Rahul Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77551 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Rahul Sharma @ Rahul Kumar S/o Muktinath Sharma, R/ Vill.- Aranda, P.O.- Hasanpura, P.S.- M.H. Nagar, Hasanpura, Distt.- Siwan. ... ... Petitioner
Versus
1. State of Bihar
2. Pragati Pandey @ Barsha D/o Shyam Lal Pandey, R/o Vill.- Chitu Tola, P.S.- Thawa, Distt.- Gopalganj.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. P. K. Shahi, Sr. Advocate Mr. Vijay Kumar Mishra, Advocate For the Opposite Party/s :
Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
The petitioner seeks pre-arrest bail in connection with Nagar (Mahila) P. S. Case No.78 of 2018 registered under Sections 498A/34 of the Indian Penal Code.
It is submitted by the learned senior counsel for the petitioner that entire allegation made in the first information report is false and fabricated. There is no truth behind the allegation that any demand was ever made either from the informant or her parents or she was ever abducted by anyone. As a matter of fact, she was not happy with the marriage and out of her own sweet will, she eloped with one Sonu Sharma and
Patna High Court Cr.Misc. No.77551 of 2018(2) dt.24-01-2019 2/2 subsequently, when this fact came to the knowledge of the petitioners, a false case has been instituted in order to put pressure upon him and his relatives so that they may not raise any protest in her affairs with said Sonu Sharma. Per contra, learned counsel for the State and the informant vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. They submitted that marriage was performed in the year 2015 and since then the informant was being subjected to cruelty for non-fulfillment of demand of dowry.
Be that as it may, considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Patna in Nagar (Mahila) P. S. Case No.78 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) kanchan/- U T