Rajesh Kumar @ Rajesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75415 of 2025 Arising Out of PS. Case No.-867 Year-2024 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Rajesh Kumar @ Rajesh Kumar Rai S/o Yamuna Rai R/o Mohalla - M.P. Bag Ara, P.s.- Ara Town, Distt.- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Priyanka Kumari W/o Rajesh Kumar Rai @ Rajesh Rai, D/o Sri Bhagleshwar Singh R/o vill - Keshawpur, P.S.- Narayanpur, Distt.- Bhojpur at present Mohalla - Manshi Pandey Bag, P.s.- Ara Nagar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 867/2024 registered for the offences punishable under Sections 498A, 486 and 379 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.75415 of 2025(2) dt.03-11-2025 2/3 that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the complainant. The petitioner neither demanded any dowry nor tortured the complainant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s).
2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. Learned counsel has submitted that prior to the present case, the petitioner has filed a petition in the court of learned Principal Judge, Bhojpur on 02.09.2023 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and thereafter present complaint case has been filed. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.75415 of 2025(2) dt.03-11-2025 3/3
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur, Ara in connection with Complaint Case No. 867/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S, with further condition:-
7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconcilation or one time settlement.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T