Rajeev Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6083 of 2023 Arising Out of PS. Case No.-288 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== RAJEEV RANJAN KUMAR S/O BINOD SINGH Resident of Flat No.- 103/B Raj Villa Apartment near gaya airport, P.S.- M.M.C.H., District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

RUCHI SINGH W/O RAJEEV RANJAN KUMAR Resident of Flat No.- 103/B, Raj Villa Apartment near Gaya Airport, P.S.- M.M.C.H., DistrictGaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Harsh Vardhan, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Magadh Medical P.S. Case No. 288 of 2021 registered for the offence under Sections 341, 323, 306, 504 and 506 of the Indian Penal Code. The daughter of the informant is subjected to assault and torture on account of non-fulfillment of demand of dowry by the petitioner and others and she has been abetted to commit suicide.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.6083 of 2023(5) dt.30-08-2023 2/3 the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that the petitioner has never demanded any dowry nor he assaulted the informant in any manner. He further submits that the informant and the petitioner has performed love marriage in the year 2013, therefore, question of demanding dowry does not arise. He further submits that it would be evident from the F.I.R. itself that case under Section 306 of the Indian Penal Code is not made out against the petitioner. The petitioner is rotting in judicial custody since18.10.2022.

Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner.

Considering the facts and circumstances of the case and the period of custody against the nature of offence, let the, above named, petitioner 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.-IV, Gaya in connection with Magadh Medical P.S. Case No. 288 of 2021 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

Patna High Court CR. MISC. No.6083 of 2023(5) dt.30-08-2023 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T