Patna High CourtCR. MISC./42620/2017rejected

Rakesh Kumar v. The State Of Bihar

2017-11-27Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42620 of 2017 (7) dt.27-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42620 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Rakesh Kumar Son of Sri Yogendra Roy, R/o Mohalla- Punjabi Colony, Ward No.15, P.S.- Kabaiya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kabaiya (Lakhisarai) Police Station Case No. 117 of 2017, disclosing offences under Sections 304(B) and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the deceased has committed suicide in her Maike. The petitioner happens to be husband of the deceased never demanded any dowry nor assaulted her in any manner. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.42620 of 2017 (7) dt.27-11-2017 Learned counsel for the opposite party No.2 has vehemently opposed the prayer for bail and submitted that the petitioner is husband of the deceased and he has demanded dowry of Rs. 10,00000/- and non-fulfillment of the same, he has compelled her to commit suicide.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T