Rahul Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83557 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

RAHUL KUSHWAHA Son of Om Prakash Kushwaha Resident of VillageTilak Dumar, P.S.- Bhore, District- Gopalganj. 2.

Raju Kushwaha Son of Om Prakash Kushwaha Resident of Village- Tilak Dumar, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Fulmati Devi W/o- Ramdhani Bhagat Resident of Village- Aithi, P.S.- Vijaypur, District- Gopalganj.

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2020 Petitioner No.1 seeks bail in connection with Vijaipur P. S. case No. 108 of 2019 registered for the offences punishable under Sections 498A, 406, 376, 120B and 34 of the Indian Penal Code. Earlier prayer for bail of petitioner No.2 has already been allowed by order dated 19.12.2019.

Allegation against the petitioner No.1 is that his marriage was fixed with the daughter of the informant and date was also fixed and thereafter on the plea of purchasing clothes and ornaments she was taken to Delhi by petitioner No.1 and there he made physical relationship with her, later on petitioner No.1 and other accused persons refused to marry the daughter of

Patna High Court CR. MISC. No.83557 of 2019(7) dt.19-02-2020 2/2 the informant.

Submission of learned counsel for the petitioners is that whole allegation is false and still petitioner No.1 is ready to marry the daughter of the informant.

Heard learned APP as well as learned counsel for the informant, who has opposed the prayer for bail stating that there is serious allegation against the petitioner No.1 found support from the materials collected during investigation. Considering the submissions and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners. However, it is open to the family members of petitioner No.1 to approach the informant and her family members for solemnizing marriage of her daughter with petitioner No.1 and if they are ready for that, the same will be considered by court below when any fresh application has been filed on that ground.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T