Rakesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43204 of 2018 Arising Out of PS.Case No. -2 Year- 2017 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Rakesh Prasad, S/o Premchandra Prasad, R/o Vill.- Vaisakhawa, P.S.- Kesariya, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rina Kumari, D/o Ramashish Prasad, R/o Vill.- Inrawa Bhar, P.S.- Kesariya, District- East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the State : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 313, 326, 328, 307 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.43204 of 2018 (3) dt.06-08-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report in respect of offence under Sections 313, 307 and 328 of the I.P.C. Rests of the offences are triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned C.J.M., East Champaran at Motihari, in connection with Paharpur P.S. Case No. 02 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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