Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48867 of 2015 Arising out of PS.Case No. -134 Year- 2012 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Rakesh Kumar, Son of Surendra sah, resident of Village - Bishunpur Patti, Police Station - Sahebganj, District - Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar, Advocate. For the Opposite Party : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 134 of 2012 for the offences instituted under Sections 304(B) and 201 of the IPC. The prosecution story, in brief, is that the marriage of the daughter of the informant has been solemnized with one Dinesh Sah in the year 2012 and he (complainant) gifted cash and other articles and his daughter went to her matrimonial place but thereafter his daughter informed that her matrimonial people subjected her to torture and cruelty for fulfilling the demand of rest money and chain. It is further alleged that on 01.07.2012, the informant got information on phone that his daughter Puja Kumari
Patna High Court Cr.Misc. No.48867 of 2015 (3) dt.04-02-2016 2/3 has been killed by her matrimonial people, namely, husband Dinesh Sah, father-in-law Surendra Sah, mother-in-law Nilam Devi, Devar Rakesh Kumar, elder father-in-law Paras Sah, wife of Paras Sah and Behnoi of husband of Puja Kumari and concealed the dead body 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. The petitioner is the brother-in-law of the husband of the deceased. He is separate in mess and property from the husband of the deceased. The police has submitted final form against the petitioner, which is Annexure-3 to the present application. The other co-accused have been granted anticipatory bail by this Court vide Cr. Misc. No. 17517 of 2014.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Sahebganj P.S. Case No. 134/2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West, Muzaffarpur, subject to
Patna High Court Cr.Misc. No.48867 of 2015 (3) dt.04-02-2016 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T