Raj Tilak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31955 of 2018 Arising Out of PS. Case No.-790 Year-2017 Thana- NAWADA District- Nawada ====================================================== Raj Tilak Son of Uday Saw Resident of village- Similinuri Chak, P.S.- Malsalami, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 306, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and thereafter committed murder 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 petitioner. The petitioner has been made accused due to mistake of fact. In paragraph 27 of the case diary, suicidal note of the deceased has been mentioned. She has not imputed any
Patna High Court Cr.Misc. No.31955 of 2018(4) dt.26-07-2018 2/2 allegation of demand of dowry against the petitioner and his family members. From paragraph 26 of the case diary, it appears that the suicidal note was communicated through whatsapp to the mother of the deceased also. Counsel for the petitioner further submits that the petitioner is a government employee. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 790 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T