Raj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19598 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== RAJ KUMAR SINGH SON OF LATE RAM BILASH SINGH LATE RAM VILASH RESIDENT OF VILLAGE KENI, POLICE STATION KHIJARSARAI, DISTRICT GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-07-2021 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 Khijarsarai P.S. Case No.315/2020 registered for the offences punishable under Sections304(B)/34 of the Indian Penal Code.
The prosecution story in short is that the informant submitted a written report to the Incharge, Khijarsarai police station alleging therein inter-alia that the marriage of his daughter was solemnized with one Raushan Kumar (son of
2/4 petitioner) on 28.06.2020. It is alleged that after marriage, the in-laws of her daughter were involved in torturing her for fulfillment of demand of dowry. It is further alleged that on 12.10.2020 at about 4.00 pm the informant received an information that her daughter was killed by her in-laws. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that this petitioner is said to be the father-in-law of the deceased and he is living separately from his son. Learned counsel further submits that the husband of the deceased is already in jail. It is submitted that the petitioner is in custody since 13.10.2020 having no criminal antecedent.
Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner is said to be the father-in-law of the deceased, the husband is already in jail and it is the submission of the petitioner that he is living separately from his son, he is in custody since 13.10.2020, investigation against him is complete but the trial is not likely to be concluded in near future, the petitioner has otherwise no criminal antecedent, considering
3/4 these aspects of the matter, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya in connection with Khijarsarai P.S. Case No.315/2020, 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 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail
4/4 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) arvind/- 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'.