Sarvesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7452 of 2021 Arising Out of PS. Case No.-102 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== SARVESH KUMAR SON OF RAM VASHISTH SINGH R/O VILLAGECHANDPURA SAIDABAD, P.S.- BIDUPUR, DISTRICT- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner 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. The petitioner is apprehending his arrest in a case registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.7452 of 2021(2) dt.23-06-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is husband of the deceased. A petition has been filed in the Court below by the Informant of the case wherein he has retracted from the earlier statement made in the F.I.R. The witnesses in paragraphs 6, 13 and 17 of the case diary have stated that the deceased died due to ill health.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 102/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.7452 of 2021(2) dt.23-06-2021 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T