Ranjeet Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18839 of 2018 Arising Out of PS.Case No. -70 Year- 2009 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ranjeet Baitha S/o Kanhai Baitha, R/o Village- Jagatiya Tola Pakaridyal, P.S.- Pakaridyal, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B)/498A & 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim and thereafter, of committing murder due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. The witnesses in paragraphs-13 & 14 of the case diary have

Patna High Court Cr.Misc. No.18839 of 2018 (24) dt.20-06-2018 categorically stated that the victim was seen leaving her house on the alleged date of occurrence in the morning and since the said date, she has not been traced out. In the light of aforesaid facts, no case u/S 304(B) of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Additional Chief Judicial Magistrate-V, Motihari in connection with Pakridayal P.S. Case No. 70 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T