Disposed

Rahul Kumar @ Rahul Kumar Das v. the State of Bihar

Patna HC20 Sept 2023CR. MISC./9245/2020

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a Saharsa Mahila P.S. case alleging dowry torture and harassment. Counsel argued false implication due to family dispute and clean antecedents. The court enlarged the petitioner on bail subject to Section 438(2) CrPC conditions upon arrest or surrender within six weeks.

What did the court decide?

Petitioner to be enlarged on bail on arrest/surrender within six weeks, bail bond Rs.10,000 plus two sureties of like amount, subject to Section 438(2) CrPC conditions.

Rahul Kumar @ Rahul Kumar Das 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.9245 of 2020

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Arising Out of PS. Case No.-58 Year-2019 Thana- MAHILA P.S. District- Saharsa

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

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Rahul Kumar @ Rahul Kumar Das Son of Late Rajendra Das Resident of Mohalla - Sarahi Ward No. 5, Saharsa, P.S. and Distt - Saharsa.

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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 Wife of Rahul Kumar @ Rahul Kumar Das, D/o Vijay Das Resident of Mohalla - Sarahi Ward No. 5, Saharsa, P.S. and Distt - Saharsa. At present Gandhipath Das Tola, Ward No. 21, Saharsa, P.S.- and Distt - Saharsa.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 20-09-2023

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Heard learned counsel for the petitioner. However,

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today also no one appears on behalf of opposite party no. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323, 494, 379, 504, 506, 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

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Allegation is of commission of torture and harassment to the informant for dowry.

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It is submitted that petitioner denies the prosecution case and submitted that he has falsely been implicated in the present case due to petty family dispute. Petitioner is the husband of the opposite party no. 2. and he is ready to keep his

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Patna High Court CR. MISC. No.9245 of 2020(5) dt.20-09-2023 2/2

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wife (opposite party no. 2) with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further 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 . Petitioner has got clean antecedent.

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Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Mahila P.S. Case No. 58 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Rahul Kumar @ Rahul Kumar Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Rahul Kumar Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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