Rakesh Sao @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3286 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== RAKESH SAO @ RAKESH KUMAR S/o Rampravesh Sao R/o villageSondhi, P.S.- Buniyadganj, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Saurabh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 12.06.2022 in connection with Buniyadganj P.S. Case No. 180 of 2022, F.I.R. dated 11.06.2022 registered for the offence punishable under Sections 304(B),201/34 of IPC. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that in fact the petiitoner is brother-in-law of the deceased and there is no

Patna High Court CR. MISC. No.3286 of 2023(2) dt.01-05-2023 2/3 allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against the petitioner and the petitioner has no concern at all with the present occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 12.06.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-VIII, Gaya in connection with Buniyadganj P.S. Case No. 180 of 2022,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.3286 of 2023(2) dt.01-05-2023 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T