Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18714 of 2018 Arising Out of PS.Case No. -33 Year- 2016 Thana -NARHAT District- NAWADA ======================================================

1. Rajesh Kumar Singh, Son of Mahendra Singh, resident of VillageNadrena, P.S. Sitamarhi, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 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, 302/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and assault and thereafter, of committing murder of the deceased due to non-fulfillment 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 against the petitioner. The petitioner has been made accused in this case due to mistake of fact. The daughter of the deceased has been examined vide para-7 of the case diary wherein she has categorically stated that her mother has

Patna High Court Cr.Misc. No.18714 of 2018 (4) dt.20-06-2018 committed suicide. The said fact has been supported by other independent witness in para-47 of the case diary. The said statements were recorded on 16-03-2016 i.e. on the date of occurrence itself but subsequently, after a period of six months, i.e. on 02-09-2016, the said witness has retracted from her earlier statement as stated in para-7 of the case diary while getting her statement recorded u/S 164 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 ACJM-VI, Nawada in connection with Narhat (Sitamarhi) P.S. Case No. 33 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T