Ram Niwash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13698 of 2025 Arising out of PS. Case No.-270 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Ram Niwash Kumar S/o Bimal Yadav R/o-Village-Dhanraj Chapra, P.S.- Ranitalab, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Nath, Advocate For the State :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the offences under Sections 302, 304(b) and 201/34 of the Indian Penal Code. He has no criminal antecedent.
3. As per the prosecution case, the informant has alleged that his daughter had been married to the petitioner and the petitioner along with family members tortured her for nonfulfillment of demand of dowry. It is further alleged that a covillager of his daughter's in-laws village has informed the informant that his daughter has been done to death by the petitioner and others and they were about to dispose of the body, however, they fled away from there.
4. Learned counsel for the petitioner submits that the
2/4 petitioner has falsely been implicated in this case as during the course of investigation it has come that the wife of the petitioner committed suicide which would be apparent from the statement given by the daughter and son of the petitioner as well as the other witnesses examined by the police. It is further submitted that the postmortem of the wife of the petitioner was conducted and from the report it would be evident that the opinion with regard to death of the wife of the petitioner was found to be on account of asphyxia due to hanging and from perusal of the FSL report no poison was found in the body of the deceased. It is next submitted by learned counsel for the petitioner that after investigation charge-sheet has been submitted under Sections 306 and 201 of the Indian Penal Code. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 30.09.2024.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner being husband was instrumental in coercing the petitioner into committing suicide because of some personal dispute as such petitioner should not be released on bail.
6. Considering the aforesaid submissions of learned
3/4 counsel and taking into account the period of custody, the petitioner above named, is directed to 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 the learned Chief Judicial Magistrate/Court concerned, Patna in connection with Ranitalab P.S. Case No. 270 of 2023 (P.T.N. No. 4274 of 2023), subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) 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
4/4 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 the same or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T