Rajesh Kumar @ Rajesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82762 of 2024 Arising Out of PS. Case No.-22 Year-2022 Thana- SIGAUDI District- Patna ====================================================== Rajesh Kumar @ Rajesh Thakur Son of Mahesh Thakur Resident of villageBauaan Police station- Sigori District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Seema Devi Wife of Rajesh Kumar @ Rajesh Thakur Resident of villageBauaan, P.O.- Nala Kinjar, Police Station- Sigori District- Patna. At Present, R/O Vill.- Basanda Bakrerwa, P.O. and P.S.- Parsa, Dist.- Saran, Pin- 841219 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash, Adv.
For the State :
Mr. Shailendra Kumar Singh, APP For the Informant :
Ms. Madhuri Kumari, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 504, 506 of the Indian Penal Code.
3. The allegation in the FIR is that the informant aged about 35 years was earlier married with two children. However, subsequently, she got married to the petitioner who exploited her and even took Rs. 15 lacs from her on the assurance that he would get a house built for her, but later on, the petitioner left her in lurch.
4. Learned counsel for the petitioner, at the outset, denies
Patna High Court CR. MISC. No.82762 of 2024(6) dt.23-07-2025 2/3 marriage with the informant and he claims that he was hardly 15 years old when he met the informant, who was about ten years elder to him. There was no relationship between the parties as is being alleged by the informant and he had rather helped her as they came to be known to each other while working in a mill in Kashmir. It is further submitted that there is neither any evidence of any transaction of amount between the petitioner and the informant nor there is any proof of marriage between the two.
5. Learned APP for the State and learned counsel appearing for the informant, however, strongly standby the allegations made in the FIR and a counter affidavit has also been filed on behalf of the informant to bring on record some photographs and also a certificate of the Mukhiya that the petitioner and the informant were married and they stayed together for eight years. Learned counsel for the petitioner, however, relies upon the reply filed to the counter affidavit wherein he has specifically denied the facts alleged in the counter affidavit and has also submitted that besides the certificate of Mukhiya which has been given in the year 2025, there is no other proof of the said marriage or transaction of money.
Patna High Court CR. MISC. No.82762 of 2024(6) dt.23-07-2025 3/3
6. Considering the rival contentions, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sigori P.S. Case No. 22 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482
(2) of the BNSS, 2023.
(Soni Shrivastava, J) divyanshi/- U T