Akhilesh Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57047 of 2019 Arising Out of PS. Case No.-597 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== AKHILESH VERMA, aged about 35 years, Male, Son of Gauri Shankar Seth Resident of Village- Aajamgadh, Purani, Kotwali, Dalalghat Road, Aashifganj, P.s-Kotwali, District- Aajamgadh (U.P.) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rinku Devi, aged about 30 years, Female, D/o Ayodhya Prasad, Resident of Sasaram Road, Bikramganj Dhibra Mohalla- Ward No. 03, P.S.- Bikramganj, District- Rohtas.

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A), 387, 504, 506 and 34 of the Indian Penal Code. Allegation against the accused persons including the petitioner is to have tortured the informant (wife of petitioner) for non-fulfillment of demand of dowry. Further allegation against the accused persons is that they demanded Rs.25,00,000/- as dowry and they threatened that if said demand was not fulfilled the informant would be set on fire and when father of the informant went to her marital home and tried to

Patna High Court CR. MISC. No.57047 of 2019(3) dt.20-11-2019 2/3 pacify the matter, they after keeping her elder child, drove her out from matrimonial home with her younger child and since then she is residing at the parental home.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that victim had gone to her parental home without consent of her husband or other family members. It has further been submitted that petitioner was married with the informant nine years ago and from said wedlock, they have two children and it is most unlikely that after nine years of marriage, demand of dowry would be made.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below in connection with Bikramganj P.S. Case No.597/18 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court

Patna High Court CR. MISC. No.57047 of 2019(3) dt.20-11-2019 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T