Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32775 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- BEUR District- Patna ====================================================== Rakesh Kumar Singh Son Of Krishna Dev Singh R/O Tejpratap Nagar, P.S.- Beur, Dist.-Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 307, 328, 498A and 504/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, subsequently Section 304B of the Indian Penal Code has been added. The allegation against the petitioner is that he along with other accused person killed the sister of the informant due to non fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no

Patna High Court CR. MISC. No.32775 of 2023(2) dt.05-07-2023 2/2 specific overt act against the petitioner. The petitioner is the brother-in-law (Devar) of the deceased. The husband of the deceased is already in judicial custody as mentioned in para-21 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case as well as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Beur P.S. Case No. 479 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T