Rakesh Kumar @ Rakesh Kapari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1407 of 2021 Arising Out of PS. Case No.-410 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Rakesh Kumar @ Rakesh Kapari S/o Rajendra Kapari R/o village- Shivnagar (Raksiya), Ward No. 5, P.S.- Runnisaidpur, Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate Md. Murad Ashraf, Advocate Mr. Ashish Kr. Ranjan, Advocate Mr. Atul Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/307/302/328/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. In the past prayer for bail was twice rejected. First on 28.06.2018 and again on 30.09.2019 with direction to the trial Judge to conclude the trial within three months for the reason that the trial Judge had reported that the trial is at the verge of conclusion.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1407 of 2021(3) dt.24-02-2021 2/2 petitioner is in custody since 27.08.2017. The trial is still pending.

Considering the facts aforesaid and no material to substantiate that the petitioner is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Runnisaidpur P.S. Case No.410 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T