Rajesh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.22642 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22642 of 2015 Arising Out of Complaint Case No. -1148 Year- 2012 Thana -VAISALI COMPLAINT CASE District- VAISHALI(HAJIPUR) ======================================================

1. Rajesh Kumar S/o Rambilash Das Resident of Village - Sultanpur, P.S. - Desri, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bitthal Das @ Shiv Charan Das Resident of village - Berai, P.S. - Sarai, District - Vaishali.

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1148 of 2012 in which cognizance has been taken for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Petitioner happens to be husband of the victim and the present case has been filed by the grand father of the victim with allegation that petitioner and his family members committed the murder of the victim for dowry demand.

Learned counsel for the petitioner points out that as a

Patna High Court Cr.Misc. No.22642 of 2015 (2) dt.09-07-2015 matter of fact, the victim eloped along with her brother in law for which petitioner filed Complaint Case No. 2374 of 2012 which was converted into Desri P.S. Case No. 264 of 2012 for the offences punishable under Sections 366, 120 B of the Indian Penal Code. It is further contended by him that moreover, the victim was recovered in Desri P.S. Case No. 264 of 2012 and she stated that she had left her matrimonial home voluntarily as she had been put by her in laws and husband into cruelty.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Hajipur, (Vaishali) in Complaint Case No. 1148 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T