Raj Kumar @ Rajkumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51395 of 2018 Arising Out of PS. Case No.-200 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Raj Kumar @ Rajkumar Singh S/o Ramayan Singh, R/o Vill.- Khakhanian, P.S.- Dhansoi, District- Buxar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Dhanmano Devi W/o Mahendra Singh, R/o Vill.- Pathkhauliya Tola, P.S.- Dhansoin, District- Buxar.

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B), 201 of the Indian Penal Code. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

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 petitioner. The petitioner has falsely been implicated in the present case. There is no eye witnesses to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.51395 of 2018(3) dt.01-11-2018 2/2 in the present case. The date of occurrence is 23.08.2017, whereas the F.I.R. was instituted on 01.09.2017. Delay has not been explained on the part of the prosecution. From paragraphs 7 and 8 of the case diary, it is evident that the deceased is said to have died due to illness. She was taken for treatment and in course of that she has succumbed to death.

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 C.J.M., Buxar in connection with Buxar (M) P.S. case No.200 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