Rohit Kumar @ Rahit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38746 of 2022 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== ROHIT KUMAR @ RAHIT KUMAR S/o Pappu Mandal R/o village- Ram Nagar Mankatha, P.S. and District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120(B), 498(A) and 201 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy, aged about 20 years.

The informant alleges that her daughter was married to Jiwan Mandal in the year 2012 and after marriage the accused persons including the petitioner started demanding dowry of Rs.1,00,000/- and due to non-fulfillment of the said demand, the accused persons assaulted and tortured the daughter of the

Patna High Court CR. MISC. No.38746 of 2022(2) dt.06-12-2022 2/3 informant and after hatching conspiracy, they committed murder of the informant's daughter and put her dead body on the railway track at Mankattha.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner is the brother-in-law of the deceased and the allegation of demand and torture is general and omnibus in nature. It is next submitted that the date of occurrence is 04.03.2019 and the FIR was lodged on 08.09.2019 which arose from a complaint filed by the informant on 27.08.2019. It is also submitted that the railway police, Kiul had lodged an UD case stating that one lady, namely, Savita Kumari i.e. the daughter of the informant had met with an accident while coming out of the train.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.38746 of 2022(2) dt.06-12-2022 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rail Kiul P.S. Case No. 163 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T