Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2959 of 2021 Arising Out of PS. Case No.-431 Year-2019 Thana- GORAUL District- Vaishali ====================================================== 1.

Rakesh Kumar, (Male), aged about 30 years, S/O Mintu Sahni, R/O Village - Belkunda berai, P.S. - Sarai (wrongly given Rajapakar in the F.I.R.), District - Vaishali.

2.

Mintu Sahni, (Male), aged about 55 years, S/O Late Maran Sahni, R/O Village - Belkunda Berai, P.S. - Sarai (wrongly given Rajapakar in the F.I. R.), District - Vaishali.

3.

Sumitra Devi, (Female), aged about 50 years, W/O Mintu Sahni, R/O Village - Belkunda Berai, P.S. - Sarai (wrongly given Rajapakar in the F.I. R.), District - Vaishali.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Manish Chandra Gandhi, Advocate.

For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B) and 201/34 of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to non-

Patna High Court CR. MISC. No.2959 of 2021(2) dt.23-06-2021 2/3 fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the brother-in-law (Dewar), the petitioner no. 2 is the father-in-law and petitioner no. 3 is the mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned C.J.M-I, Vaishali at Hajipur, in connection with Goraul (Kathara O.P. ) P.S. Case No. 431/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.2959 of 2021(2) dt.23-06-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T