Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44924 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Jitendra Rai S/o Shri Kedar Rai, R/o Vill.- Shivganj, Lakhni, P.S.- Rajapakar (Baranti), District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case initially registered under Sections 498A, 326, 307, 34 of the Indian Penal Code, in which, later on, Section-302 of the Indian Penal Code was also added.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment 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 petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.44924 of 2018 (2) dt.24-07-2018 petty family dispute. The petitioner is Bhainsur of the deceased. He is separate in mess and property from husband of the deceased. There is no eye witness of the alleged occurrence. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. The mother-in-law and the father-inlaw of the deceased have already been granted anticipatory bail by this court vide order dated 12-04-2018 passed in Cr. Misc. No. 21489 of 2018.

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 ACJM-VII, Vaishali at Hajipur in connection with Rajapakar (Barati O.P.) P.S. Case No. 68 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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