Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3034 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- CHACKMENSI District- Samastipur ====================================================== Rakesh Kumar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar, Advocate For the Opposite Party/s :Mr.Sunil Kumar Pandey(App141) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Heard the parties.
The petitioner seeks anticipatory bail in connection with Chakmehsi P. S. Case No. 27 of 2018, registered for offences punishable under Sections 3042/34 of the Indian Penal Code.
Allegation as per F.I.R. is against the petitioner is that he is subjecting with cruelty to the daughter of the informant with respect to demand of dowry about Rs. 20 to 25 lacs. It is also alleged that the informant further deposited Rs. 11, 45000/- in the account of the accused persons but ultimately the daughter of the informant was killed by administering poison to her.
It is submitted by the learned counsel for the
Patna High Court CR. MISC. No.3034 of 2019(3) dt.07-03-2019 2/3 petitioner that the petitioner is not named in the F.I.R. but later on, the name of the petitioner transpired during the investigation. It has further been submitted that similarly situated co-accused persons has been granted anticipatory bail vide order dated 18.12.2018 passed in Cr. Misc. No. 70816 of 2018.
Heard learned A.P.P.,who opposed the prayer for bail stating that the name of the petitioner surfaced during the investigation.
Considering the fact that the petitioner is not named in the F.I.R. and his name surfaced during the investigation, let the above named petitioner be released on anticipatory bail in the event or arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Additional Chief Judicial Magistrate, 1st, Samastipur in Chakmehsi P.S.Case No. 27 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and the petitioner shall co-operate during investigation and if the charge against the petitioner is framed and any incriminating material is found against the petitioner, the complainant shall
Patna High Court CR. MISC. No.3034 of 2019(3) dt.07-03-2019 3/3 move before the learned lower Court for cancellation of his bail bond.
(Vinod Kumar Sinha, J) sudha/- U T