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Rajnish Kumar v. the State of Bihar

Patna HC22 Jun 2021CR. MISC./9992/2021

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case under Section 498A IPC. Bail is conditional on surrender within twelve weeks and furnishment of a surety bond upon restoration of normalcy, subject to specific procedural constraints due to the lockdown.

What did the court decide?

Petitioner granted anticipatory bail on personal bond in case No. 1423 (C) of 2019, conditioned on surrender within 12 weeks and payment of bail bonds within 8 weeks of normalcy.

Rajnish Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9992 of 2021

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Arising Out of PS. Case No.-1423 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

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======================================================

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RAJNISH KUMAR S/O Late Sheo Narayan Prasad Resident Of Village - Hulashganj, P. S. and P.O.- Hulashganj, District - Jehanabad.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Juli keshri W/O Rajanish Kumar Resident Of Village - Hulashganj, P. S. and P.O.- Hulashganj, District - Jehanabad. at Present Daughter Of Late Gauri Shankar Keshri, Anand Bazar Danapur Kant, P.S. - Danapur, Dist. - Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajay Mishra For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 22-06-2021 Heard learned counsel for the petitioner and the State

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through virtual mode.

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Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

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Patna High Court CR. MISC. No.9992 of 2021(2) dt.22-06-2021 2/3

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petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the complainant. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Judicial Magistrate-IInd Class, Danapur, Patna in connection with Complaint Case No. 1423 (C) of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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Patna High Court CR. MISC. No.9992 of 2021(2) dt.22-06-2021 3/3

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

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Rajnish Kumar v. the State of Bihar

Case brief

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Rajnish Kumar v. the State of Bihar

Case brief

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