Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2525 of 2016 Arising Out of PS.Case No. -260 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Rajeev Singh, Son of Ram Ratan Singh, Resident of Village- Lakho Nipaniya Tola, P.S.- Muffasil (Lakho), District- Begusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Begusarai Mufassil P.S. Case No. 260 of 2013 registered under Sections 304-B read with 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.

It is contended that during investigation statements of independent witnesses, namely, Kailash Singh, Dilip Kumar, Bhushan Singh, Rama Ashish Singh, Ram Fokar Singh have been recorded in paras 12, 13, 16, 17 and 18 of the case diary respectively wherein they have categorically stated that on the alleged date of occurrence in the morning the deceased went to attend the call of nature by the side of railway track and at the same time, she met with an accident with the Rajdhani Superfast

Patna High Court Cr.Misc. No.2525 of 2016 (3) dt.12-04-2016 2 / 2 Express and died on the railway track itself. Later on, the mother of the deceased was informed. When the mother of the deceased came, she started demanding gold, other belongings and money from the petitioner which was refused and, thereafter, she instituted a police case.

Learned counsel for the State has conceded that the statements of the witnesses named above are recorded in the case diary in para 12 onwards. He has submitted that however the family members of the deceased including the informant have supported the allegation that the deceased was killed for non-fulfilment of dowry in her matrimonial home. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Begusarai in connection with Begusarai Muffasil P.S. Case No. 260 of 2013 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T