Patna High CourtCR. MISC./53751/2015bail granted

Rajesh Kumar Rai v. The State Of Bihar

2015-11-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53751 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -ANGARGHAT District- SAMASTIPUR ====================================================== Rajesh Kumar Rai, Son of Late Rambali Rai, Resident of VillageSuryatadh, P.S.- Angarghat, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant within a year of the marriage. Subsequently the victim was recovered from the house of one Amit Kumar and in 164 Cr.P.C. statement she only alleged demand of dowry against the petitioner.

It is submitted by learned counsel for the petitioner that the victim eloped in the company of one Amit

Patna High Court Cr.Misc. No.53751 of 2015 (2) dt.26-11-2015 2/2 Kumar and thereafter frivolous case has been instituted. Hence, no case under Section 304B IPC is made out.

Considering the recovery of the victim, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Dalsingsarai, Samastipur in connection with Angarghat P.S. Case No. 41 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T