Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74017 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- MAHILA P.S. District- Munger ====================================================== Rakesh Kumar Son Of Arjun Prasad R/O Chhotikela Bari, P.S.- Kotwali, District- Munger ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Sandhya Kumari D/O Late Kailash Yadav R/O Village- Milkichak, P.S.- Naga Ramnagar, District- Munger ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Deep Nishi, Advocate For the State :

Mr.Akhileshwar Dayal, APP For the Informant :

Mr. Anjani Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner in the present case is seeking pre-arrest bail in connection with Mahila Thana P.S. Case No. 09 of 2022 registered for the offences punishable under Sections 498(A)/ 34 of the Indian Penal Code. Petitioner has got no criminal antecedent. The petitioner happens to be the husband of the informant. The petitioner is alleged to have committed torture upon the informant due non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in the present case. Learned counsel submits that petitioner is ready to keep the informant with full dignity and care. It is further submitted that the petitioner undertakes to take his wife to the matrimonial home within

Patna High Court CR. MISC. No.74017 of 2022(2) dt.29-04-2023 2/2 two weeks.

Learned APP for the State and the learned counsel for the informant have opposed the prayer for provisional bail of the petitioner.

Having regard to the submissions made on behalf of the parties, this Court directs release of the petitioner above-named on provisional bail in the event of his arrest or surrender within a period of four weeks from today in connection with Mahila Thana P.S. Case No. 09 of 2022 on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition that as submitted on behalf of the petitioner he shall take his wife to the matrimonial home within two weeks from date of his surrender in the court below and shall keep her with full dignity and care.

After observing his conduct for six months and on being satisfied with the same, the learned court below shall confirm the bail of the petitioner.

This application stands disposed of.

(Rajeev Ranjan Prasad, J) tusharika/- U T