Ranjan Kumar Sahani @ Ranjan Kumar @ Ranjan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7918 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ranjan Kumar Sahani @ Ranjan Kumar @ Ranjan Sahani S/O NARESH SAHANI VILLAGE- FURSATPUR, PS. MUFFASIL, DIST. EAST CHAMPARAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Muffasil P.S. Case No. 275 of 2023 for the offence punishable under Sections 498A, 307, 504, 34 of the Indian Penal Code Act lodged on 9.4.2023 by the informant, Lal Babu Sahni.
3. As per the prosecution story, the marriage of the petitioner was solemnized on 4.5.2022 with the deceased and subsequently, the demand of dowry was there. On 8.4.2023, got the information that the accused persons tried to kill her. Upon reaching there, they came to know that she has been hospitalized in Mani Hospital, Motihari. After fighting for life, she breathe her last on 12.4.2023. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that due
Patna High Court CR. MISC. No.7918 of 2024(3) dt.10-05-2024 2/3 to minor issue she tried to commit suicide, immediately she was rushed to Mani Hospital, Motihari, parents informed, they did their best but unfortunately, could not save her who died four days later on 12.4.2023. The fact remains that he did not abscond and was picked up by the Police on the very next day. He do not have criminal antecedent.
4. Learned APP opposes the prayer stating that upon rushing to the Hospital, the rope mark was there in the neck, the post-mortem also supports the theory.
5. Though, a precious life has been lost, the lady is no more, the fact remains that she was rushed to the Hospital by the in-laws, she fought the battle for four days before loosing her life, the petitioner did not abscond and he was taken into custody by the Police the very next day, has remained in custody for more than a year, is ready to diligently appear in trial, do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran. in connection with Muffasil P.S. Case No. 275 of 2023 subject to the following
Patna High Court CR. MISC. No.7918 of 2024(3) dt.10-05-2024 3/3 conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T