Manish Rai @ Satya Prakash Rai @ Satya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75410 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Buxar ====================================================== Manish Rai @ Satya Prakash Rai @ Satya Prakash, Son of Upendra Rai, Resident of Village - Gayghat, P.S.- Simri, District - Buxar ... ... Petitioner

Versus

1. The State of Bihar

2. Puja Kumari, D/o Sanjay Sharma, R/o village-Jokahi, P.S.-Buxar (Muffasil), District-Buxar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing and perused the case diary.

By way of the present application, the petitioner has sought for pre-arrest bail in connection with Buxar Mahila P.S. Case No. 24 of 2019 registered for the offences punishable under Sections 498A, 313, 506, 341, 323 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

It is submitted by the learned counsel for the petitioner that in course of investigation it has come that there is no evidence of causing miscarriage to the victim. It is further contended that as far as the allegation of subjecting the

Patna High Court CR. MISC. No.75410 of 2019(4) dt.16-06-2020 2/2 complainant to cruelty is concerned, the same is absolutely false. As a matter of fact, the complainant herself has deserted the petitioner and is not willing to live together with the in-laws. He contended that her behaviour towards in-laws is extremely cruel and out of her own she had left the matrimonial home. On the other hand, learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. He submitted that in the court below also, an effort for re-conciliation was taken, but it was because of the petitioner that the effort failed.

Be that as it may, regard being had to the nature of allegation and the materials collected in course of investigation, the petitioner is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Buxar in connection with Buxar Mahila P.S. Case No.24 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T