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Patna High CourtCR. MISC./50619/2018bail granted

Rupesh Kumar Raj @ Deepak Raj @ Rupesh Kumar And ORS v. The State Of Bihar

2018-08-31Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50619 of 2018 Arising Out of PS.Case No. -672 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Rupesh Kumar Raj @ Deepak Raj @ Rupesh Kumar

2. Rikesh Kumar @ Ritesh Kumar @ Rohit Kumar Raj

3. Mukesh Kumar @ Mukesh Kumar Munna, All Sons of Sri Bhubneshwar Paswan,

4. Bhubneshwar Paswan, Son of Late Rasho Paswan

5. Ranju Devi, Wife of Bhubneshwar Paswan, All resident of VillageGobar Garha, P.S.- Saharsa, District- Saharsa, at present Address- Barhi Khanjarpur (Jhauwa Kothi) Government Police Quarter No.- 77 P.S. Kotwali (Barari), District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.

Petitioners seek pre-arrest bail in Kotwali (Barari) P.S.Case No.672 of 2017 registered for the offences under

Patna High Court Cr.Misc. No.50619 of 2018 (2) dt.31-08-2018 2/3 Sections 341, 323, 504, 506 of the Indian Penal Code and Section 3⁄4 of the D.P.Act.

Allegation, as per the F.I.R., against the petitioners is of demanding dowry and threatening to set the informant on fire. Submission of the learned counsel for the petitioners is that much earlier for the similar allegation the informant had lodged the F.I.R. under Section 498A of I.P.C. against the petitioner husband in which the petitioner were ordered to be released on anticipatory bail on assurance to keep the victim lady as wife with full dignity and honour. However, instead of living with the petitioner, present case has been lodged to harass the petitioners.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, as stated above, let the petitioners, named above, in the event of their arrest or surrender before the learned court below within six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M.,Bhagalpur, in Kotwali (Barari) P.S.Case No.672 of 2017 subject to the conditions as laid down under Section 438(2) of

Patna High Court Cr.Misc. No.50619 of 2018 (2) dt.31-08-2018 3/3 Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) AnilKrSinha/- U