Rajesh Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22878 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== Rajesh Ravidas S/o Chhote Ravidas Resident of Village- Dosut, P.S.- Warisaliganj, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Smt. Rita Verma, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 01.09.2016 in connection with Warsaliganj P.S. Case No. 66 of 2016 for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter was tortured for non-fulfillment of demand of dowry and has been killed by the husband and in-laws and the dead body cremated. It has further been alleged that the son of the deceased aged about 9 years has stated that the petitioner who is
Patna High Court Cr.Misc. No.22878 of 2017 (4) dt.18-09-2017 2/3 the husband of the deceased along with other family members have killed his mother.
It has been submitted by the learned counsel for the petitioner that he is innocent and that has been falsely implicated. He submits that the deceased was suffering from diahorea and was being treated but ultimately succumbed. It is further submitted that the informant is the step mother of the deceased and after death she demanded money which was not given and as such false case has been lodged. There is no eye witness to the alleged occurrence the independent witnesses have not supported the prosecution case and the son of the deceased who is 11 year old has retracted from his statement as evident from paragraph-9 of the case diary. However, learned APP for the State opposes the prayer for bail stating therein that the son of the deceased has supported the prosecution case in front of some of the witnesses.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Additional Chief Judicial Magistrate-IInd, Nawada in connection with Warsaliganj P.S. Case No.
Patna High Court Cr.Misc. No.22878 of 2017 (4) dt.18-09-2017 3/3 condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T