Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10595 of 2022 Arising Out of PS. Case No.-544 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Ravi Ranjan Kumar Son Of Raja Singh @ Shatrughna Singh Resident Of Village- Ratwara Hathu, Police Station- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Santosh Singh Son of Jobinder Singh Resident Of Village- Jasoli Tole Goha, Police Station- Kathaiya, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
The allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely
Patna High Court CR. MISC. No.10595 of 2022(3) dt.27-07-2022 2/3 implicated in the present case only on the ground that the petitioner is husband of the victim. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner and there is nothing specific allegation against the petitioner. He further submits that after death the informant has filed a compromise petition before the learned Court below in which he has categorically stated that due to miscommunication of the information the present F.I.R. was instituted. He further submits that during investigation it has also come that the petitioner was not present at the time of occurrence and in fact the victim herself committed suicide. The postmortem report of the deceased also corroborated that the victim has committed suicide and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 13.12.2021.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Paroo P.S. Case No. 544 of 2019, with the following conditions :-
Patna High Court CR. MISC. No.10595 of 2022(3) dt.27-07-2022 3/3
(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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 antecedents, 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) Ibrar//- U T