Rupesh Rai @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20024 of 2018 Arising Out of PS. Case No.-592 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== Rupesh Rai @ Rupesh Kumar S/o Mahadev Rai, R/o Village- Mathiya Bhopat, P.S.- Lakhaura, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A, 201, 120B, 304B, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture, assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.12.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made

Patna High Court Cr.Misc. No.20024 of 2018(5) dt.10-07-2018 2/2 accused due to mistake of fact which is evident from Annexure2 to the present application by which the informant has filed an affidavit before the Court below stating the fact that the case was instituted due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan (Lakhaura) P.S. Case No. 592 of 2017.

(Sudhir Singh, J) Pankaj/- U T