Ravindra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18050 of 2021 Arising Out of PS. Case No.-579 Year-2020 Thana- AMARPUR District- Banka ====================================================== RAVINDRA CHAUDHARY Son of Late Tarni Chaudhary Resident of Village - Bhikhanpur (Bhaluwar), P.S.- Amarpur, District - Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Amarpur P.S. Case No. 579/2020 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

As per the prosecution story, the daughter of the informant was married with one Ritesh Kumar and after marriage the daughter of the informant was living at her sasural for two years thereafter all the accused persons started

2/4 torture her saying her to bring a sum of Rupees Four Lakhs. It is alleged that on non-fulfillment of demand she was subjected to torture physically as well as mentally. It is further alleged that on 17.09.2020 the son-in-law of the informant informed the informant that his daughter has been died, thereafter the informant came at her sasural along with family members.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case on mere suspicion. Petitioner is the 70 years old father-in-law of the deceased and he lives separately with his family, however he is in custody in connection with this case since 18.09.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner is 70 years old father-in-law of the deceased, he lives separately with his family since a long time and the daughter-in-law of the petitioner died due to asphyxia as per the post-mortem report, husband of the deceased is already in judicial custody, petitioner has

3/4 remained in jail since 18.09.2020, investigation against him is complete but the trial is not likely to take place in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st, Banka, in connection with Amarpur P.S. Case No. 579/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

4/4 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.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.