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Patna High CourtCR. MISC./3555/2024allowed

Rahul Kumar v. The State Of Bihar And ANR

2024-02-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3555 of 2024 Arising Out of PS. Case No.-157 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== Rahul Kumar Son of Shailendra Singh RESIDENT OF VILLAGE KATHRAI POLICE STATION KOCHAS (PARSATHUA OP), DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s

Versus

1.

The State of Bihar and Anr Bihar 2.

The State Of Bihar THE ADVOCATE GENERAL OF BIHAR 3.

Khushbu Kumar Wife of Rahul Kumar, Daughter of Jitendra Singh At present resident of village- Kochas, Ward No.-13, Police Station- Kochas, District- Rohtas at Sasaram.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 341, 323, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and ousted her from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.3555 of 2024(2) dt.01-02-2024 2/2 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. All the allegation levelled against the petitioner is totally false and based on concocted facts. There is no allegation against the petitioner to tamper the evidence. He has no criminal antecedent.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kochas (Parsathua O.P.) P.S. Case No. 157 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

(Anjani Kumar Sharan, J) divyanshi/- U T