Ratnesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14554 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- SAHPUR District- Patna ====================================================== Ratnesh Rai S/O Hari Rai R/O Village- Sikandarpur, Bandh, P.S- Shahpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunit Kumar Srivastava, Adv.
Mr. Sudhanshu Trivedi, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-02-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Shahpur P.S. Case No. 166 of 2024, registered for the offence punishable under Sections 498(A), 328 and 302/34 of the Indian Penal Code.
3. The marriage of the daughter of the informant was solemnized with the petitioner 12 years ago. Soon after the marriage, there was a demand of dowry and on account of nonfulfillment of the same, the victim was subjected to torture and lastly she was done to death by administering poison on 01.05.2024. It is further alleged that the deceased was taken to Kusum Hospital, Saguna More and from there she was referred
2/4 to Indira Hospital, where she died due to poisoning.
4. Learned Advocate for the petitioner contended that admittedly the marriage was solemnized 12 years ago and both the petitioner and the deceased were living a happy conjugal life. All the more, three children have also begotten from the said wedlock, who are living with the petitioner. During the course of investigation, it has also transpired that the petitioner was not present at his house, as he had been working at Kolkata. The informant after having come to know about the innocence of the petitioner has also filed a petition before the learned jurisdictional Court that the petitioner is not involved in the crime and the deceased died on account of fatal reaction of some medicines. The police after investigation has not found the case true under Sections 302 and 328 of the Indian Penal Code and submitted a final report under Section 306 and other allied Sections, the copy of which is also marked as Annexure-3 to the bail application. The other accused persons have been allowed bail by this Court. Moreover, the petitioner has been incarcerated since 23.06.2024.
5. On the other hand, learned APP for the State vehemently opposes the bail application.
6. Regard being had to the submissions made on
3/4 behalf of the parties and considering the factum of submission of charge-sheet under Section 306 of the Indian Penal Code and the materials collected during the course of investigation, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur in connection with Shahpur P.S. Case No. 166 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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
4/4 court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T