Rishikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8979 of 2017 Arising Out of PS.Case No. -14 Year- 2014 Thana -MAHILA PS District- JEHANABAD ====================================================== Rishikesh Kumar, Son of Late Ajeet Sharma, Resident of village - Chanrh, P.S. Makhdumpur, District - Jehanabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : . Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 14 of 2014 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Allegation against the petitioner is of demand of dowry as well as torture and he is husband of the deceased. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as on the day of occurrence he was not present, which is evident from the case diary. It has also been submitted that falsity of the case will appear from the fact that she was taken to hospital by the family members of the petitioner and during treatment she died and lastly it has been submitted that petitioner is Government servant and there is

Patna High Court Cr.Misc. No.8979 of 2017 (3) dt.11-04-2017 2/2 no likelihood of his absconding, if bail is granted to him. It has also been argued that the parties have settled the matter. Heard learned APP also, who has opposed the prayer for anticipatory bail.

Heard both sides and considering the facts and circumstances, as stated above, let the petitioner, named above, surrender before the court below and pray for bail, which will release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to its satisfaction, in connection with Mahila P.S. Case No. 14 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U