Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8863 of 2020 Arising Out of PS. Case No.-504 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== RAJESH SAH Son of Parbhu Mahesh Sah Resident of Village - Chakjamal, P.S.- Minapur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Chandna, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B)/34 498A of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case The petitioner is the step brother of the husband of the deceased. He is separate in mess and property from the husband of the

Patna High Court CR. MISC. No.8863 of 2020(3) dt.09-03-2021 2/2 deceased. The petitioner has got no concern with the alleged occurrence. A petition has been filed on behalf of the informant in the court below, where he has retracted from his earlier statement made in the F.I.R. Said petition is Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. case No.504 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T