Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57841 of 2018 Arising Out of PS. Case No.-175 Year-2017 Thana- DURAULI District- Siwan ====================================================== Raj Kumar Yadav, Son of Tilakdhari Yadav @ Tilak Yadav, Residents of Village- Garwar, Police Station- Darauli, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner caused death of the niece of the informant due to nonfulfilment 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 been made accused due to mistake of fact. Same is evident from perusal of Annexure-2 to the present application. A petition has been filed on behalf of the informant in the court below, where he has retracted from the statement made in the

Patna High Court Cr.Misc. No.57841 of 2018(2) dt.29-10-2018 2/2 F.I.R.

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 Additional Chief Judicial Magistrate-III, Siwan in connection with Darauli P.S. case No.175 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T