Rakesh Kumar @ Rakesh Kumar Yadav @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27712 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rakesh Kumar @ Rakesh Kumar Yadav @ Rakesh Yadav Son of Sheo Nath Rai Resident of village - Bishunpurwa, Police Station Adapur, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

According to prosecution case itself, the marriage of petitioner had taken place with deceased five years back and after marriage she gave birth to a male child. Furthermore, it is admitted case of the prosecution that at the time of her death deceased was carrying pregnancy of seven months. The informant claims that deceased was done to death by the petitioner and others due to non fulfilment of illegal demand of dowry.

Patna High Court Cr.Misc. No.27712 of 2016 (3) dt.17-09-2016 2/2 Submission on behalf of the petitioner is that deceased got some complications during her pregnancy period and while she was being taken to hospital, she died on her way and after that she was cremated in presence of family members of the informant but later on, the informant lodged this case with some ulterior motive.

The investigation against the petitioner has already been completed and the case is pending for recording the prosecution evidence. Petitioner is in jail custody since 28.10.2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Adapur P.S. Case No. 182 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T