Vinay Kumar @ Binay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14118 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== VINAY KUMAR @ BINAY KUMAR S/o Late Raj Banshi Singh Resident of Village- Ekbalganj Nisarpura, P.S.- Rani Talab, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the State :
Mr. Umanath Mishra, APP For the Informant : Mr. Shaishav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.
As per allegations in the F.I.R., it is stated by the informant that her daughter was married with the petitioner herein. She was regularly tortured by her three nanads (husband's sisters). It is further stated that his son received information on telephone about the burning of her daughter and her being taken to the hospital. On reaching the hospital, it is stated that she was narrating that she was burnt by her motherin-law with kerosene oil.
Patna High Court CR. MISC. No.14118 of 2021(3) dt.06-08-2021 2/3 It is submitted by learned Senior counsel appearing for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. So far as the petitioner is concerned, he happens to be the husband of the deceased. No allegation has been levelled against him in the F.I.R. The petitioner is in custody since 22.6.2020 and investigation in the case has concluded with submission of chargesheet under section 306 of the Indian Penal Code. Learned Senior counsel further relies on the statements of the son and the daughter of the deceased recorded in course of investigation wherein both of them have stated about their mother committing suicide. The application for bail is opposed by learned A.P.P. for the State and the learned counsel for the informant.
It is submitted by learned counsel for the informant that the entire investigation has been manipulated and the F.I.R. itself has been changed. It is submitted by way of example that although the statements of the son and the daughter of the deceased have been recorded in course of investigation on 22.6.2020 but reference to the same finds mention in the supervision report of the police authorities on 7.3.2020 itself. This is only one example of the manipulation done in conspiracy with the police authorities.
Patna High Court CR. MISC. No.14118 of 2021(3) dt.06-08-2021 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the statements of the son and the daughter of the deceased together with the investigation in the case having concluded with submission of chargesheet under section 306 of the Indian Penal Code, the Court directs the petitioner to be enlarged on bail in connection with Rani Talab P.S. Case no.41 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, District-Patna. (Partha Sarthy, J) Saurabh/- U T