Rupesh Kumar @ Rupesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.49397 of 2017 (3) dt.15-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49397 of 2017 Arising Out of PS.Case No. -179 Year- 2014 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Rupesh Kumar @ Rupesh Singh S/o Late Ram Charitra Singh, R/o Village- Bihat Tola Gurudaspur, P.S.- Barauni (F.C.I.), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Om Prakash Maharaj For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barauni (Chakiya) Police Station Case No. 179 of 2014, disclosing offences under Section 366(A) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and has falsely been implicated in this case. As a matter of fact, while the victim was cooking, she sustained burn injuries due to which she died during course of treatment and this fact has also been supported by the victim herself in her

Patna High Court Cr.Misc. No.49397 of 2017 (3) dt.15-12-2017 statement and she has also stated that she has performed marriage with the petitioner and has been living happily with the petitioner as wife, which is evident from annexure-2. The petitioner has tried his level best to save the life of deceased by providing treatment but she could not be saved, which is evident from annexure-3. No cogent material has come against the petitioner during course of investigation. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Chakiya) Police Station Case No. 179 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T