Mukti Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27272 of 2014 (3) dt.12-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27272 of 2014 Arising Out of PS.Case No. -240 Year- 2012 Thana -PAHARPUR District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Mukti Kumar son of Osiyar Prasad resident of village - Satha, Dubey Tola, P.S. Paharpur, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lalan Kumar Verma For the Opposite Party/s : Md.A.Haque Sahua(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the victim and is in jail custody since 16.09.2013. Admittedly, Paharpur P.S. Case No. 240 of 2012 was initially registered under Sections 304 B, 120 B, 201 of the Indian Penal Code against the petitioner and others and after investigation, police submitted charge sheet against coaccused, Osiyar Prasad for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Furthermore, it is an admitted position that after submission of charge sheet against co-accused, Osiyar Prasad, the learned Chief Judicial Magistrate took cognizance for the offences

Patna High Court Cr.Misc. No.27272 of 2014 (3) dt.12-01-2015 punishable under Sections 498 A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act but again police submitted charge sheet against the petitioner for the offences punishable under Sections 304B, 201 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that as a matter of fact, the victim eloped with her lover and much prior to institution of the present case, co-accused, Osiyar Prasad had given informatory petition in respect of missing of the victim of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Rajak, Judicial Magistrate 1st Class, East Champaran at Motihari in connection with Paharpur P.S. Case No. 240 of 2012. (Hemant Kumar Srivastava, J) SHAHZAD/- U T