Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48550 of 2023 Arising Out of PS. Case No.-808 Year-2022 Thana- BARH District- Patna ====================================================== RAJESH KUMAR SON OF LATE KAMESHWAR PRASAD RESIDENT OF VILLAGE- CHAKDIWAN, PS- SHEIKHPURA, DISTT- SHEIKHPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Raj For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 306/34 of the Indian Penal Code, Section 3⁄4 of the Dowry Prohibition Act but later on 304B IPC was added.
3. The petitioner along with other co-accused is said to have tortured the daughter of the informant on non-fulfillment of demand of dowry.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that petitioner is an elder brother of the husband of the deceased and is separately living from his brother since two years back
Patna High Court CR. MISC. No.48550 of 2023(3) dt.31-08-2023 2/2 and no concern with the day to day affair of his brother. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barh P.S. Case No. 808 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T