Rajesh Kumar @ Rajesh Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32710 of 2018 Arising Out of PS. Case No.-99 Year-2017 Thana- MAHILA PS District- Darbhanga ====================================================== Rajesh Kumar @ Rajesh Thakur S/o Rajendra Thakur resident of Village + P.O. - Kamtaul, P.S. - Kamtaul, District - Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chunchum Kumari D/o Ram Agya Thakur, W/o Tarkeshwar Thakur resident of Village + P.O. + P.S. - Kamtaul, District - Darbhanga, At present residing in Village - Brahampur, P.O. - Brahmpur, Sofiya Pin Code - 847307 P.S. - Kamtaul, District - Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 504, 254, 354(A), 354(B), 376 and 511 of the Indian Penal Code.

Allegation against the accused persons including the petitioner is of committing torture upon the victim due to nonfulfilment of demand of dowry. It is also alleged that the petitioner tried to misbehave with her.

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

Patna High Court Cr.Misc. No.32710 of 2018(3) dt.05-07-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted for an offence under Sections 498A, 323, 504 and 354A of the I.P.C. Same is triable by the Magistrate. The witnesses in paragraph Nos.17 and 18 of the case diary have given different version as alleged in the F.I.R.

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 S.D.J.M., Darbhanga in connection with Darbhanga Mahila P.S. case No.99 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T