Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26567 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rakesh Kumar S/o Sri Yogendra Rai, R/o Vill.- Punjabi Muhalla- P.s.- Kawaiya (Lakhisarai), District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Lakhisarai (Kawaiya) P.S.Case No. 117 of 2017 registered under Sections 304B and 120B of the Indian penal Code.

Allegation in brief is that petitioner, the husband, started making demand of dowry after getting employment in railway though earlier marriage was solemnised on 01.05.2014 while he was in a private job. It is also alleged that daughter of the informant was living at that time in his house and there she received a phone call from the petitioner and thereafter committed suicide.

Submission is that wife of the petitioner committed suicide in her parent's home and allegation of making demand of dowry is false and fabricated as it's a fact that petitioner, prior

Patna High Court Cr.Misc. No.26567 of 2018(7) dt.26-07-2018 2/2 to marriage, was selected and appointed as Assistant Station Master in Railway vide annexure 2 and since then has been continuing in the Railway so the allegation that he was selected in Railway after the marriage and thereafter making further demand of dowry is indicative of false allegation, and has been in custody since 13.06.2018. Moreover, the petitioner's wife died in her parents home.

Whereas learned counsel appearing on behalf of the informant opposes the prayer of bail and submits that she committed suicide due to torture and she also used to maintain diary wherein she has also expressed her feelings. Having considered the aforesaid facts and circumstances, the petitioner, namely, Rakesh Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Lakhisarai (Kawaiya) P.S. Case No. 117 of 2017.

(Arun Kumar, J) sujit/- U T