IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. Misc. No.________of 2021 (A. Bail)

Rahul Kumar .......Petitioner

Versus

The State of Bihar .......Opposite Party

SUB: ANTICIPATORY BAIL MATTER

INDEX

Serial Annexure Particulars Page No-

No-
1. An Application under section 438 of along with
Affidavit.
2. Annexure-I A Certified copy of F.I.R

3. Annexure-II A True/Photocopy of the petition filed under S. 13(b) of

the Hindu Marriage Act.
4. Annexure-III A XEROX COPY OF Informatory Application

5. Annexure-IV The document showing petitioner’s disability

6. Annexure-V. A photocopy of the air ticket

7. Annexure- VI A photocopy of order dated 01-04-2021.

8. Annexure-VII IMPUGNED ORDER

VAKALATNAMA
 IN THE HIGH COURT OF JUDICATURE AT PATNA

IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. Misc. No.________of 2021 (A. Bail)

Rahul Kumar .......Petitioner

Versus

The State of Bihar .......Opposite Party

SUB:-ANTICIPATORY BAIL MATTER

Through:-

Akash Shankar, Advocate,

Office at Ward No-32, Opposite CNLU

New Bangali Tola, Mithapur, Patna-800002

Email Id- akashshankarsingh@gmail.com ,

Mob- 9504564325,7033037512
 IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. Misc. No.________of 2021 (A. Bail)

In the matter of an application

under section 438 of the Code
ofCriminal Procedure, 1973

AND

In the matter of:-

Rahul Kumar, , Son of Sonu Kumar Singh, Gender- Male, Aged About

32 Years Old and resident of – Mohallah- Vishwanath Nagar, Road No.

7, P.S. – Muffasil, District- Patna, Current address at D10/19, Vikram

Nagar, DoS Housing Colony, Ambli Road, Patna, Bihar)

...Petitioner

Versus

The State of Bihar ....Opposite Party

To,

The Hon’ble Mr. JusticeSanjay Karol, Chief Justice of the High Court of

Judicature at Patna and his companion Justices of the said Hon’ble Court.

The humble petition on behalf of above

named petitioner for AnticipatoryBail.

MOST RESPECTIVELY SHEWETH:-

1. That this is an application for grant of anticipatory Bail to the

petitioner who is apprehending arrest in connection with Didarganj P.S.

Case No. – 52 of 2021registered against the petitioner herein on the

date of 03.03.21 for the offences punishable under sections

498(A)r/w S. 34 of the Indian Penal Code and S. 3 and 4 of the

Dowry Prohibition Act.

2. That the Petitionerhas not moved earlier before this Hon’ble Court

either for Anticipatory bail or Regular bail in this matter.

3. That Petitioner is having no criminal history.

4. That it is stated that the above Didarganj P.S. Case No. – 152 of 2021

had been instituted on the basis of the written report of the

informant namely Suruchi Raj on the date of 03.03.2021 who

interalia stated as follows (in short):-

I. That, the informant wasmarried in accordance with Hindu

Rites and Rituals with the Petitioner as on 20.04.18 in hotel

Amritraj, Patna. Since the second day of the marriage

informant’s husband Rahul Kumar, father-in-law- G….Singh,

Mother-in-law- Geeta Kumari, and brother in law Shubham

Kumar all living at the petitioner’s mentioned address. Inspite

informant’s father gave gifts according to his wishes but

couldn’t gift a car to her husband , for she has been labelled

with derogatory words. Her father in gift gave 40 T gold, Rs.

200000 of clothes, goods worth Rs. 1500000. Apart from it he

also gifted her husband 2 gold chains and 4 gold rings, clothes

for him and his whole family and also Rs. 500000/- cash to his

father. Apart from the above her father also gave to her

husband, Rs. 6,00,000/- for wedding arrangement, reception

and other expenses.

II. That she further states that her husband is posted as Scientist

Engineer at Ahmedabad having his office at Space Application

 Center, ISRO. Her husband, her in laws including brother in

law started demanding Rs. 20 lakhs, 20 T Gold, and a car from

her father as dowry. Further she alleges that on not meeting

their demand they started resorted to abusing and torturing her

physically.

III. She further states that she has been bearing all the torture

initially when she couldn’t take it she informed about it to her

family. Her family made gift to her in-laws to amicably sort

out the issues including gold and Rs. 6 lakhs. But her husband

left her and went to Ahmedabad. She followed him and went

to Ahmedabad where she was inflicted to more cruelty for

meeting dowry. Thereafter her mother came to Ahmedabad to

settle the dispute between the couple. Her mother was also

informed to meet dowry demand and she was also tortured and

abused.

IV. While she was facing all these she came to know that her

husband is not able to consummate because of his affairs with

other women. On asking she was told it was impotency and

doctor’s prescription was also showed to make her fool in

believing it. He once thrashed her and showed to doctor on

31.10.20 for which she was treated for a long time.

 V. She also states that her husband used to trouble her for not

working and around then she came to her paternal home to

give exam for job. Once again her husband started demanding

dowry. Thereafter, on 21.06.20 she along with her parents,

with Rs. 5 lakhs and jewelry went to her in-laws house and

folded hand asked her to keep appropriately and with dignity

forgetting everything of the past. She prayed the same from

her husband.

VI. On 13.07.20 she went to Ahmedabad but her husband asked

her to leave otherwise he will kill her. When she asked for her

belongings she was replied that she should ask her husband’s

parents at Begusarai. She also alleges that she has thought of

suicide because of the harassment and cruelty but couldn’t do

it.

VII. Then again on 10.09.20 she went to Ahmedabad and requested

to live with her father at Patna. Once again on 19.02.21 she

went to In-laws house in Patna for her brother-in-law’s

engagement but she was made to leave on 21.02.21 by beating

and abusing her but she never left her husband’s house.

VIII. On 22.02.21 at 09:00 PM, her husband, his parents and his

brother got her locked in a room and tried to burn her with

help of petrol but she was saved. Then on 25.02.21 her

 husband’s parents started dragging her out of her matrimonial

home for not giving dowry and said that she won’t be allowed

till the time she meets the demand for dowry. She somehow

managed to go to her room but they locked her inside and

started planning to kill her.

IX. Thereafter, the informant took the help of police and saved

herself. And on 26.02.21 Patna Mahilla Thana tried to

convince her In-laws to accept her. Suddenly on 27.02.21 she

was taken in vehicle and left in mid way on the road. Her in-

laws in conspiracy kept jewelry worth Rs. 20 lakhs, clothes

worth Rs. 2 lakhs, and other goods worth Rs. 7 lakhs and also

got her rest of her belongings to their home.

On the basis of written report of the informant the

F.I.R. bearing Barh Police Station Case No. 152 of 2021was

registered on 03.03.2021 for the offences under sections

498(A)r/w S. 34 of the Indian Penal Code and S. 3 and 4 of

the Dowry Prohibition Act.

True/Type copy of the F.I.R. bearing Barh

Police Station Case No. 152 of 2021

registered on 03.03.2021 is attached herewith

and marked as ANNEXURE – I to this

petition.
5. That the Petitioner isinnocent and has falsely been implicated in the

present casebecause of vendetta with ulterior motive to stop the

petitioner in pursuing divorce case against the informant and it is

stated that he has not committed any offense as alleged in the F.I.R.

6. That the petitioner is innocent and have been falsely implicated in

this case and has committed no offence as alleged in the

F.I.R.Infact, the concocted story has been made in the F.I.R against

the petitioner and his whole family. It is pertinent to mention that

the petitioner lives in Ahmedabad, But the informant didn’t leave a

stone unturned and in connivance got registered FIR against all the

family members. This fact warrants that the informant has cooked

the whole story and is trying to rope in all the family members

along with the petitioner.

7. The petitioner is a government employee and is working at Space

Application Center, Indian Space Research Organistaion, at

AhmedabadasScientist Engineer. Moresoever, the petitioner also

comes under category of disabled person, with his left leg effected

by polio with 50% disability. It is stated that the petitioner has

worked very hard to reach at the position at which he is working

right now, the fact that he is disabled by polio couldn’t affect his
 aspiration and the same shall be also considered by this Hon’ble

Court while passing the order in this case.

8. That it is respectfully submitted that the Petitioner doesn’t have

nexus with the alleged offence and the name of the petitioner have

been implicated in this case because of the malafide intention of the

informant, who in connivance, registered a vindictive F.I.R. against

the petitioner with false allegations. That she registered F.I.R. only

to harass the petitioner in revenge after the petitioner has filed a

divorce case against the informant namely Suruchi Raj on the

ground that there was no consummation of the marriage between

the husband and wife after the marriage. It is important to mention

here that the informant always harassed the petitioner due to his

disability caused by polio and never let him establish relation with

her as a husband. Apart from the above facts the informant would

react abruptly and violently whenever the petitioner resisted her.

This whole drama in marriage life of the petitioner made petitioner

to think of living away from hiswife . That thereafter the petitioner

filed a petition u/s 13 of the Hindu Marriage Act against the

informant in the court of the Learned Family Judge, Family Court,

Ahmedabad District, Gujarat as on 22.07.2020 vide Hindu Marriage

Petition No. 731 of 2020 on ground of mental and physical torture

 amounting to cruelty and desertion of the petitioner by his wife.

The petitioner’s wife always resorted to cruelty because of his

disability and on one day 27-01-2020 she left her matrimonial home

without any excuse. She also took her all clothes, jewelry of the

house. Such actions of the informant is ground for divorce on the

basis of cruelty and disserting him without reasonable ground.

A True/Photocopy of the

petition filed under S. 13 of the

Hindu Marriage Actis attached

herewith and marked as

ANNEXURE-II to this petition.

9. That it is relevant to mention here that the present F.I.R. instituted

against the petitioner is based on baseless allegation and there is no

truth in the allegation. The petitioner never took any money from

the informant’s family, nor did he or his family demanded any

dowry from the informant. The whole allegation is only to vex the

petitioner and is apparently vindictive on the face. The FIR dated

03.03.2021 was only lodged after the divorce petition was already

filed by the petitioner and is vindictive against the petitioner. It is

stated that the whole F.I.R. is false and concocted and theinformant

is trying to take advantage of the laws which has been made for the
 protection of the women in the society by lodging a false and

concocted F.I.R. against the petitioner.

10. That the grounds for divorce which has been taken by the petitioner

is based on the ground that their marriage was no consummated and

the informant’s action is harassing and demotivating against the

petitioner, which is equal to cruelty and torture. The informant, with

malicious and culpable intentions, made false allegation against the

petitioner, in revenge against the petitioner for seeking divorce from

her. The informant also used to physically assault the petitioner

whenever she got angry taking advantage of the petitioner’s

disability and health since initial time of marriage.

11. That it is further stated and submitted that the informant always

used to resort to mental and physical harassment against the

petitioner. The behavior of the informant was such that she was not

letting the petitioner to move ahead in life and used cruel behavior

to drag him back. The informant had started to threaten and abuse

the petitioner and also used to threaten him to implicate him in legal

matters.
12. That it is also pertinent to mentioned here that family members of

the petitioner also tried very hard to settle the dispute among them

but she was not ready to settle the matrimonial dispute thereafter

the petitioner has lost the faith and filed for divorce before the

family court at Ahmedabad.

13. That the petitioner also filed an ‘Informatory Complaint’ dated

29.06.2020 fearing for his life and property on apprehension that

the informant will rope him in false case. It is stated that the

petitioner’s name including his families’ has been roped in the

F.I.R. only to coerce him and his family and, so that the petitioner

couldn’t pursue his divorce case against the informant.

A True/Photocopy of the

Informatory petition filed by the

petitioner is attached herewith

and marked as ANNEXURE-

III to this petition.

14. That it is relevant to mention here that the petitionerhave been

implicated in this false case due to animosity and vindictive

intention, for taking revenge against him and his family. It is stated
 that the whole story is false, fabricated and concocted and creation

of perverted mind.

15. That it is also pertinent to mentioned here that the contention,

concocted story and delay in registering the F.I.R itself clearly

shows that this is a false and fabricated story has been made to rope

the whole family member along with the petitioner.

16. That it is brought to knowledge of the Hon’ble Court that. The fact

that the present F.I.R. has been registered only after the divorce

proceeding has been initiated and the ticket annexed herewith will

clear the doubt that the whole case is done with vindictive mind.

A photocopy of the air ticket has been

annexed herewith and marked as

Annexure-IV.

17. That it is also important to state that the petitioner went into

depression because of his wife’s actions and constant fighting on

the petty issues . And, there was no instance of asking dowry from

her father or her previously but after this case a false and fabricated

story was made that the deceased was subject to cruelty for dowry.
18. That it is to submit that merely Sections of the Act has been added

by the police without there being any foundational fact/ allegation

against the petitioner.

19. That the Petitioner state and submit that the informant was living

with him at Ahmedabad and chance of as alleged action in the F.I.R

is totally false and can not be said to be occurred in any case.

20. That it is also relevant to mentioned here that other co-accused has

been granted benefit of anticipatory bail by session court of Patna

vide order dated 01-04-2021.

A photocopy of order dated 01-04-2021 has

been annexed herewith and marked as

Annexure- V to this petition.

21. That from the bare perusal of ordersheet passed by the Learned

Session Judge in A.B.P. No. 2774 of 2021 it is evident that the

Learned Court Below while passing the order didn’t consider the

petitioner’s case. The petitioner is disabled with 50% in his leg

from childhood. In fact, the petitioner has given strict proof to the

same by supplying proof as to his disability. But the Court Below

failed to appreciate this fact and even failed to appraise the

evidences provided by the petitioner in this regard. Moresoever,

the Court Below also erred in taking notice of the fact that the

petitioner has first filed Informatory Complaint as on 29.06.20 and

then initiatedthe Divorce Proceedingon 22.07.20. There is no

proof as to the fact that the informant had filed a complainant

regarding dowry demand and cruelty before the petitioner first

filed Informatory Petition and Divorce proceeding. The Sessions

Court in fact failed to appreciate this fact and brought it on the

order that the prior to petitioner’s case the informant has made

complaint but for the same no proof has been provided and infact,

n date as on when the complainant has been filed by the

informant. It is important to state that the Court Below, while

passing the order for rejecting bail of the petitioner, completely

failed to consider the facts of the case and evidences on the record.

The Learned Court erred in not considering the proof of

petitioner’s disability, the chronologically of the events even

though proof has been given by the petitioner.

The document showing petitioner’s

disability is attached herewith and

marked as ANNEXURE-VIto this

petition.
 22. That the Petitioner had moved for anticipatory bail in this matter

before the court of learned Additional Session Judge- III, Patna City

(Patna) vide A.B.P. No. 1774 of 2021, who by his order 22.06.21

rejected the prayer for Anticipatory Bail of the Petitioner.

A Certified Copy of Order dated

22-06-2021 has been annexed

herewith and marked as

ANNEXURE-VII to this

petition.

23. That the Petitioneris law abiding citizen and respectable member of

the society and shall regularly attend the court to face trial if

released on Anticipatory Bail.

24. That itis respectfully submitted that no prima facie case is made out
against the Applicant even on the basis of the facts of the FIR and
hence making arrest without any substantive grounds is absolutely a
violation of the law laid down by the Hon'ble Apex Court in Arnesh
Kumar vs. State of Bihar wherein the Hon'ble Supreme Court has
specifically laid down that
"……Arrest brings humiliation, curtails freedom
and cast scars forever. Law makers know it so
also the police. There is a battle between the
law makers and the police and it seems that
police has not learnt its lesson; the lesson
implicit and embodied in the Cr.PC. It has not
come out of its colonial image despite six
decades of independence, it is largely
considered as a tool of harassment, oppression
and surely not considered a friend of public.
The need for caution in exercising the drastic
power of arrest has been emphasized time and
again by Courts but has not yielded desired
result. Power to arrest greatly contributes to
its arrogance so also the failure of the
Magistracy to check it. Not only this, the power
of arrest is one of the lucrative sources of
police corruption. The attitude to arrest first
and then proceed with the rest is despicable.
……As the arrest curtails freedom, brings
humiliation and casts scars forever, we feel
differently. We believe that no arrest should be
made only because the offence is non-bailable
and cognizable and therefore, lawful for the
police officers to do so. The existence of the
power to arrest is one thing, the justification
for the exercise of it is quite another. Apart
from power to arrest, the police officers must
be able to justify the reasons thereof. No
arrest can be made in a routine manner on a mere
allegation of commission of an offence made
against a person. It would be prudent and wise
for a police officer that no arrest is made
without a reasonable satisfaction reached after
some investigation as to the genuineness of the
allegation.

Before a Magistrate authorises detention

under Section 167, Cr.PC, he has to be first

satisfied that the arrest made is legal and

in accordance with law and all the

constitutional rights of the person arrested

is satisfied. If the arrest effected by the

police officer does not satisfy the

requirements of Section 41 of the Code,

Magistrate is duty bound not to authorise his

further detention and release the accused. In

other words, when an accused is produced

before the Magistrate, the police officer

effecting the arrest is required to furnish

to the Magistrate, the facts, reasons and its

conclusions for arrest and the Magistrate in

turn is to be satisfied that condition

precedent for arrest under Section 41 Cr.PC

has been satisfied and it is only thereafter

that he will authorise the detention of an

 accused. The Magistrate before authorising

detention will record its own satisfaction,

may be in brief but the said satisfaction

must reflect from its order. It shall never

be based upon the ipse dixit of the police

officer "

25. That it is pertinent to mentioned here that the Police person is also

trying to harass the Petitioner and have arrested the petitioner from

the house on the dated of 26-06-2021 and have torture the petitioner

without any reason and subsequently released him on the date of

27-06-2021.

26. That the Session Court has erroneously rejected the bail application

of the Petitioner on the ground of the complaint previously made by

the Suruchi Raj without considering the fact that there is no any

previous complaint by the Sruruchi Raj and details of such

complaint is also not mentioned in the F.I.R.

27. That the Petitioneris ready to furnish sureties or any other terms and

conditions of the Hon’ble Court.

 It is, therefore, prayed that your

Lordship may graciously be pleased

to enlarge the Petitioner on

Anticipatory Bail in the event of their

arrest or surrender in connection with

Barh P.S.. Case No 52 of 2021to the

satisfaction of the learned Additional

Session Judge- 1st, Bihar Shariff,

Nalanda.

AND, OR,

Pass such other order or orders as

your Lordships may deem fit and
proper in the Interest of Justice and
Liberty.

And for this the Petitioner shall ever pray.

 AFFIDAVIT

I, Suresh Prasad Singh S/o-Manish Prasad Singh Age about56 Years

Old, Gender -Male and Resident of Wrad No- 18, Daniyalpur Gate No-

12,Barh , Patna, Bihar,803213, do hereby solemnly affirm and state as

follows: -

1. That I am Maternal Uncle of the Petitioner in this case and as

such am acquainted with the facts and circumstances of this

case.

2. That the contents of this petition has been read and explained to

me in “Hindi” over and which has been well understood the

same and they are true to the best of my knowledge.

3. That the Annexures are/is photo/web copies of their respective

originals.