Rupesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59830 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rupesh Kumar, S/o Late Vakil Sah, R/o Village - Srirampur, P.S. - Raxaul, District - East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Usha Devi, W/o Rupesh Kumar, D/o Late Ramchandra Sah R/o Village - Bhavnari, P.S. - Adapur, Dist - East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh, Advocate. For the State : Mr. Mithilesh Kumar Khare, A.P.P. For the O.P. No. 2 : Mr. Binod Kumar Mishra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 352, 323, 325, 498(A), 509, 406 and 379/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. In pursuance to the order dated 21.02.2018, the petitioner and opposite party no. 2 are present in the Court. It has

Patna High Court Cr.Misc. No.59830 of 2017 (5) dt.05-03-2018 2/2 been submitted by learned counsels for the petitioner and opposite party no. 2 that the petitioner and opposite party no. 2 are ready to reside together.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Raxaul at Motihari, East Champaran, in connection with Complaint Case No. 148 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The parties will be at liberty to file a joint affidavit in accordance with law before the learned court below in respect of withdrawal of criminal cases. On doing so, the learned court below shall consider the same and pass an appropriate order in the interest of justice.

U.K./- (Sudhir Singh, J) U T