Ratnesh Chaurasiya @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65526 of 2018 Arising Out of PS.Case No. -209 Year- 2018 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ratnesh Chaurasiya @ Ratnesh Kumar, S/O Rupnarayan Chaurasiya, R/VPandey Tola, Ward No. 22, P.S. Sikarpur, District-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Devendra Kumar Sinha, Sr. Advocate and Mr. Abhinay Raj, Advocate.

For the Opposite Party : Mr. Tapeshwar Sharma, A.P.P. For the Informant : Mr. Pramod Kumar Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2018 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present

Patna High Court Cr.Misc. No.65526 of 2018 (2) dt.30-10-2018 2/2 case due to mistake of fact. The petitioner is husband of the deceased. A petition has been filed vide Annexure-2 to the present application before the learned court below by the informant in which he has retracted from his earlier statement made in the F.I.R. The case is said to have been instituted due to mistake of fact.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R. and he is husband of the deceased. Learned counsel for the informant does not controvert the aforesaid statement made on behalf of learned senior counsel for the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned C.J.M. West Champaran, Bettiah, in connection with Sikarpur P.S. Case No. 209/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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