Rakesh Kumar @ Rakesh Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47753 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Rakesh Kumar @ Rakesh Tanti Son of Mahendra Das @ Mahendra Tanti Resident of Village - Bari Ballia, P.S.- Ballia, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. It is a case of "dowry death". The prosecution case, in brief, is that marriage of daughter of informant was solemnized with co-accused Anil Das one year ago as per Hindu rites and rituals. It is alleged that after marriage, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of the same, they committed murder of daughter of informant.
Patna High Court CR. MISC. No.47753 of 2025(2) dt.04-08-2025 2/3
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be brother-in-law (Devar) of the deceased. Petitioner is victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioner is separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased, who is already in custody since 06.01.2025. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 S.D.J.M., Begusarai in connection with Ballia P.S. Case No. 174 of 2024, subject to
Patna High Court CR. MISC. No.47753 of 2025(2) dt.04-08-2025 3/3 condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T