Allowed

Bambam Kumar @ Rajesh Kumar v. The State of Bihar

Patna HC2 Feb 2023CR. MISC./21308/2022

Case brief

AI extract

What is this about?

Patna High Court allowed an anticipatory bail application by observing the wife's representative accepting a notice of compromise. Bail granted subject to sub-court verifying the joint petition and releasing petitioner upon arrest if conditions complied. Temporary quotient granted in PS Case No. 144/2020.

What did the court decide?

Relieved the petitioner of arrest and released on bail in PS Case No. 144/2020 subject to verification of compromise petition by the Sub-ordinate Court.

Bambam Kumar @ Rajesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21308 of 2022

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Arising Out of PS. Case No.-144 Year-2020 Thana- RAGHOPUR District- Vaishali

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

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BAMBAM KUMAR @ RAJESH KUMAR Son of Dhaneshwar Ray Resident of Village - Devchand, Raghopur, P.S.- Rustampur, Distt.- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Laxmi Devi W/o Bamban Kumar @ Rajesh Kumar , D/o Sakaldeep Ray Resident of Village - Sharif Ganj, P.S.- Mal Salami, Distt.- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rupa Kumari, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 02-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

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The petitioner apprehends his arrest in connection with Raghopur P.S. Case No.144 of 2020 instituted under Section 498A/34 of the IPC and Section ¾ of the D.P. Act.

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The allegation is that after the marriage in 2019, she was regularly tortured for dowry.

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In this case, a coordinate Bench had issued notice to the opposite party no.2 on 02.11.2022 in the light of the statement made as also a document (Annexure-2) to show that now the couple have compromised the matter.

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As per the service report, the brother of the informant

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Patna High Court CR. MISC. No.21308 of 2022(3) dt.02-02-2023 2/2

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accepted the notice on her behalf.

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Taking into account the aforesaid facts as also the joint petition submitted by way of Annexure-2, this Court is inclined to extend him privilege of anticipatory bail, subject to the condition that the learned Sub-ordinate Court would check the veracity of the said compromise petition before passing the order on the petition to be preferred by the petitioner.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Raghopur P.S. Case No.144 of 2020 to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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With the aforesaid observation the anticipatory bail application stands allowed.

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-0(Rajiv Roy, J)

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Prakash Narayan /- U T

Bambam Kumar @ Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

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Bambam Kumar @ Rajesh Kumar v. The State of Bihar

Case brief

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What did the court decide?

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