Allowed

Rajeev Kuamr Rai v. The State of Bihar

Patna HC11 Dec 2023CR. MISC./49742/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a dowry harassment case (Sections 341, 323, 504, 506 IPC, 498A IPC), allowing release after six weeks' arrest on a ₹20,000 bond with two sureties, while encouraging mediation.

What did the court decide?

Petitioner enlarged on bail upon arrest/surrender within six weeks on furnishing a bond of Rs. 20,000 with two sureties, subject to Section 438(2) CrPC conditions.

Rajeev Kuamr Rai Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49742 of 2022

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Arising Out of PS. Case No.-28 Year-2022 Thana- MAHILA PS District- Buxar

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

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RAJEEV KUAMR RAI SON OF RAJ KUMAR RAI R/O MOHALLA- NAI BAZAR NEAR SITARAM ASHRAM, P.S.- BUXAR TOWN IN THE DISTRICT OF BUXAR

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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8 11-12-2023

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2 . Heard learned counsel for the petitioner and learned

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counsel for the informant as well as learned Additional Public Prosecutor for the State.

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3 . The petitioner is apprehending his arrest in a case in connection with Buxar Mahila P.S. Case No. 28 of 2022 dated 18.04.2022 registered for the offence/s punishable u/ss 341, 323, 504, 506, 498A read with section 34 of the Indian Penal Code and ¾ of the DP Act.

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4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

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Patna High Court CR. MISC. No.49742 of 2022(8) dt.11-12-2023 2/3

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mentally and physically due to non-fulfillment of demand of dowry.

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5 . Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner who is the husband of the informant. 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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6 . Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

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Patna High Court CR. MISC. No.49742 of 2022(8) dt.11-12-2023 3/3

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7 . Considering the aforesaid facts and circumstances

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of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Buxar Mahila P.S. Case No. 28 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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8 . 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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9 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Rajeev Kuamr Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajeev Kuamr Rai v. The State of Bihar

Case brief

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What did the court decide?

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