Raju Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25984 of 2015 Arising Out of PS.Case No. -142 Year- 2006 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Raju Gope S/O Naresh Gope Resident of village Tribhuban Bigha, Police Station- Tharthari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioner is apprehending his arrest in connection with Chande (Tharthari) P.S. Case No. 142 of 2006 for the offence under Sections 304B, 201/34 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that the daughter of the informant was married with the petitioner about 15 years ago but after few days of marriage the petitioner demanded dowry and killed her for non-fulfillment of dowry demand. It is submitted on behalf of the petitioner that petitioner has been falsely implicated in the present case. It is further pointed out that police after investigation had submitted final form against the petitioner and others where the case was found to be false. The learned court below

Patna High Court Cr.Misc. No.25984 of 2015 (2) dt.16-07-2015 thereafter differing with the police report had taken cognizance under Section 304B of the Indian Penal Code. The said order was subsequently challenged before this Court, where the order of cognizance was set aside and the matter was again remitted back. Subsequently, in the year 2012 the learned court below again took cognizance for an offence under Section 304B of the Indian Penal Code and hence, the present application has been preferred by the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts that the police had found the case to be false, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Chandi (Tharthari) P.S. Case No. 142 of 2006, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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