Dipak Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45707 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ====================================================== Dipak Kumar Srivastava, son of Dayashankar Lal, resident of Adarsh Colony, P.S. Akodhi Gola, District- Rohtas .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-10-2016 At the very outset, learned counsel for the petitioner submits that due to inadvertence, some error has occurred in paragraph-1 of the petition. He submits that incorrectly Sections 3 and 4 of the Dowry Prohibition Act has been mentioned in paragraph-1 of the petition and, as such, he makes a prayer for allowing him to delete the same.

The prayer is allowed.

It may be done in course of the day.

Heard Sri Pramendra Kumar Singh, learned counsel for the petitioner and Sri Arun Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 07.02.2016 in Rafiganj P.S. Case No.26/2016 registered for the offence under Sections 379 and 411 of the Indian Penal Code, has

Patna High Court Cr.Misc. No.45707 of 2016 (2) dt.22-10-2016 2/2 prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner is having clean antecedent and he has falsely been implicated in the present case. He submits that it is true that while he was travelling, he had taken lift on motorcycle, which was found to be stolen and the petitioner was taken in custody. He submits that the petitioner had no knowledge about the motorcycle to be stolen.

Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.

Keeping in view the nature of accusation, period of custody as well as clean antecedent of the petitioner, let the petitioner, namely, Dipak Kumar Srivastava 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 Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No.26/2016.

(Rakesh Kumar, J) NKS/- U T