Rishikesh Kumar @ Sonu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4027 of 2020 Arising Out of PS. Case No.-84 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Rishikesh Kumar @ Sonu Mishra (Male), aged 25 years, Son of Raman Mishra Resident of Village- Kharka, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Nanpur P.S. Case No. 84 of 2019 registered for the offence under Sections 498(A), 313, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

As per prosecution case, on 13-02-2019, the informant received an information that due to non-fulfilling the demand of dowry, his daughter was subjected to cruelty by her in-laws and all the accused persons disappeared the daughter of the informant. On getting this information, the informant rushed there, but he did not find anybody there and he had apprehension that his daughter might have been killed. It is submitted on behalf of petitioner that petitioner is innocent and the allegation levelled against him in the F.I.R. is false and concocted. It was further submitted that marriage of petitioner with daughter of the informant was performed in the

Patna High Court CR. MISC. No.4027 of 2020(2) dt.22-01-2020 2/2 year 2017 and since it was love marriage, demand of dowry does not arise. It was further submitted on behalf of the petitioner that petitioner is still ready to keep his wife with full respect and dignity and as such, the petitioner may be granted bail, who is in custody since 13-11-2019.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 84 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T