Opi Rai @ Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21423 of 2021 Arising Out of PS. Case No.-419 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Opi Rai @ Upendra Rai Son Of Buttan Rai R/O Village- Chak Sikandar, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 304B, 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the sister of the informant due to nonfulfilment 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

Patna High Court CR. MISC. No.21423 of 2021(2) dt.08-04-2021 2/2 petitioner has falsely been implicated in this case. The informant in course of trial has retracted from her earlier statement made in the F.I.R. The deposition of the informant during the trial is part of Annexure 2 to the present application. She has not supported the prosecution case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/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 A.C.J.M. 1st, Samastipur in connection with Tajpur P.S. case No.419 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T