Mithilesh Rajak @ Mithlesh Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75706 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== MITHILESH RAJAK @ MITHLESH RAJAK Son of Sajo Rajak @ Sarjan Rajak Resident of Village - Babhangama, P.S.- Nawkothi, District - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Niwas Singh, Advocate.

For the Opposite Party/s :

Mr. Madhuri Lata, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 304(B), 328 and 201/34 of the Indian Penal Code.

Though there is allegation of demand of dowry and torture for the same in the FIR, however, it is not specific rather it is vaguely stated that some of the amount of dowry was still due with the informant.

Learned counsel for the petitioner submits that even the case diary would reveal that it is not specific as to what the petitioner was demanding as consideration of marriage. After death of the victim, just to pressurize the petitioner, false case has been lodged.

Patna High Court CR. MISC. No.75706 of 2019(4) dt.05-03-2020 2/2 Learned Additional Public Prosecutor after going through case diary submits that none of the witnesses have stated specifically what amount was still due as dowry. Considering the aforesaid facts that there is no material to substantiate the dowry demand, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nawkothi Police Station Case No. 20 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) SONALI/- U T