Rajesh Kumar @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83858 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- DESARI District- Vaishali ====================================================== Rajesh Kumar @ Rajesh Kumar Singh son of Milan Singh @ Rajeshwar Singh R/o village- Uffraul, P.S.- Desari, District- Vaishali ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Desari P.S. Case No.179 of 2018 registered under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. As per allegation in the FIR, the informant was married to the petitioner in the year 2011. It is stated that dowry was given at the time of marriage but soon thereafter the accused persons including the petitioner herein started to torture, abuse and assault the informant making more demand of dowry.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.83858 of 2019(4) dt.22-09-2020 2/2 concocted. It is the informant herself who abandoned the petitioner and it is for this reason, though subsequently, the petitioner himself filed an application for restitution of conjugal rights in the learned Court below. The petitioner is in custody since 26.9.2019 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner including the petitioner being in custody since 26.9.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Desari P.S. Case no. 179 of 2018 on furnishing bail bond of Rs.10,000/ with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Vaishali at Hajipur. (Partha Sarthy, J) Bibhash/- U T