Rajesh Kumar Mehta @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11 of 2023 Arising Out of PS. Case No.-285 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== RAJESH KUMAR MEHTA @ RAJESH KUMAR S/o Shri Birendra Mehta R/o Lower Hatia Jagdev Colony, P.S.- Jagarnathpur (Hatia), Distt- Ranchi (Jharkhand), Present Address- Village- Sihin, P.S.- Hishuya, Distt- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dipak Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Sections 323/498(A)/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act. It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of demand of dowry and commission of assault against him. It is further submitted that petitioner is still ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari
Patna High Court CR. MISC. No.11 of 2023(3) dt.15-05-2023 2/2 @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Gaya Muffasil P.S. Case No. 285 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T