Patna High Court - Orders
Rahul Kumar @ Rahul Kumar Sah vs The State Of Bihar on 7 February, 2022
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2033 of 2022
Arising Out of PS. Case No.-162 Year-2020 Thana- KHUTAUNA District- Madhubani
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RAHUL KUMAR @ RAHUL KUMAR SAH, aged about 26 years, Son of
Lal Babu Sah, Resident of Village- Khutauna Bazar, P.S. Khutauna, District -
Madhubani.
... ... Petitioner
Versus
1. The State of Bihar.
2. Rinki Kumari, Wife of Rahul Kumar, Daughter of Rajendra Prasad Sah,
Resident of Village - Bharha, P.S. Khutauna, District - Madhubani.
... ... Opposite Parties
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Appearance :
For the Petitioner : M/S. Gagandeo Yadav and Ravi Prakash,
Advocates.
For the O.P. No. 2 : Mr. Rama Kant Sharma, Sr. Advocate.
For the State : Mr. Brajendra Nath Pandey, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 07-02-2022Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice.
Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
Further, learned counsel for the petitioner is permitted to make necessary correction in the name of opposite party no. 2 Patna High Court CR. MISC. No.2033 of 2022(2) dt.07-02-2022 2/4 of the bail application.
The petitioner is apprehending his arrest in connection with Khutauna P.S. Case No. 162/2020 for the offence registered under Sections 341, 323, 354, 498(A), 504, 506/34 of the I.P.C. and ¾ of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non- fulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. 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.
On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail Patna High Court CR. MISC. No.2033 of 2022(2) dt.07-02-2022 3/4 application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, 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 bonds to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Khutauna P.S. Case No. 162/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
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.
The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Patna High Court CR. MISC. No.2033 of 2022(2) dt.07-02-2022 4/4 court below will be at liberty to cancel the bail bonds of the petitioner.
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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre.
(Sudhir Singh, J) U.K./-
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