Rajendra Singh @ Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65216 of 2018 Arising Out of PS.Case No. -402 Year- 2016 Thana -JAMUI District- JAMUI ====================================================== Rajendra Singh @ Rajeev Singh, S/o Late Palo Singh @ Brahmdeo Singh, R/o Village Kharsari P.S. Jamui, Distt.-Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vipin Kumar, Advocate. For the Opposite Party : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B) and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is agnate of the husband

Patna High Court Cr.Misc. No.65216 of 2018 (2) dt.26-10-2018 2/3 of the deceased. He is separate in mess and property from the husband of the deceased. He has got not concern with the alleged occurrence. Charge sheet has been submitted against the husband of the deceased under Section 306 of IPC vide Annexure-3 to the present application. The husband of the deceased is in custody. The father-in-law of the deceased has been granted regular bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 40911 of 2017 order dated 06.09.2017, mother-in-law of the deceased has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 48872 of 2017 order dated 17.11.2017 and other co-accused, namely, Khushbu Devi and Bittu Siungh have been granted anticipatory bail by another Coordinate Bench of this Court vide Cr. Misc. No. 59668 of 2018 order dated 28.09.2018 as mentioned in paragraph nos. 20 and 22 of the bail application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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

Patna High Court Cr.Misc. No.65216 of 2018 (2) dt.26-10-2018 3/3 Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jamui, in connection with Jamui P.S. Case No. 402 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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