Rajan Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68802 of 2019 Arising Out of PS. Case No.-2287 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAJAN KUMAR BHARTI Son of Ram Chandra Rai Resident of Village - Narhan (Near Durga Sthan), P.S.- Bibhutipur, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana D/o Harishankar Prasad, W/o Rajan Kumar Bharti, Resident of Village - Narhan (Near Durga Sthan), P.O.- Bibhutipur, P.S.- Bibhutipur, Distt.- Samastipur. at present resident of C/o A. K. Sahni Professor Colony, Gali No.1, Near Pond (Talaw), P.S.- Samastipur, Dist.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Matloob Rab, ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 498(A)/34 of the Indian Penal Code and u/s 3/4 of the Dowry Prohibition Act. Allegation against the petitioner is of subjecting the opposite party no. 2 to cruelty and harassment for nonfulfillment of demand of dowry and ousting her from matrimonial home. It is further alleged that she was threatened of second marriage of the petitioner with another girl. It has been submitted on behalf of learned counsel for the petitioner that the whole allegation is false and petitioner is ready to keep her with full dignity and care and he is paying maintenance amount of Rs. 2,000/- to opposite party no. 2 as per direction of Principal Judge, Family Court vide order dated

Patna High Court CR. MISC. No.68802 of 2019(2) dt.04-12-2019 2/2 06.11.2017 passed in Maintenance Case No. 135/2016. Petitioner is in custody since 30.08.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Samastipur Complaint Case No. 2287/2015, T.R. No. 1783/2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Ranjeet/- U T