Rinku Sao @ Abhinav Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27096 of 2018 Arising Out of PS.Case No. -516 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Rinku Sao @ Abhinav Gaurav, S/o Shambhu Sao, R/o Vill.- Mahavir Nagar, Dominian Pul, P.S.- Bihta, Distt.- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amresh Kumar Sinha, Advocate. For the State : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 01.08.2016 in a case for the offence registered under Sections 498(A), 304(B), 120(B) of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge has already been framed in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present

Patna High Court Cr.Misc. No.27096 of 2018 (2) dt.02-05-2018 2/2 case due to mistake of fact. The father and the mother of the deceased have already been examined, in course of trial. Their statement is Annexure-2 to the present application where they have retracted from their earlier statement and have not supported the prosecution case. The said witnesses have been declared hostile by the prosecution.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the depositions made by P.W. 1 and P.W. 2, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Danapur, in connection with S. Tr. No. 752/17, arising out of Bihta P.S. Case No. 516/16.

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