Rajiv @ Rajiv Kumar @ Rajiv Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47154 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -RUPASPUR District- PATNA ======================================================
1. Rajiv @ Rajiv Kumar @ Rajiv Ranjan, Son of Sri Surendra Singh, R/o Village- Chougaon, P.S.- Sridala, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Rupaspur P.S. Case No. 158/17 for offences punishable under Sections 304-B, 34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Dolly Kumari was married to one Ranjan Singh on 19.04.2016 and for non-fulfillment of demand of dowry she was killed by her in-laws including the petitioner, who is her Dewar.
It has been submitted by the learned counsel for the petitioner that he is innocent and being the unmarried Dewar he
Patna High Court Cr.Misc. No.47154 of 2017 (2) dt.11-10-2017 2/3 has been falsely implicated in the aforesaid case. He submits that he is working in MRF showroom and no overt act has been alleged against the petitioner, allegations being general and omnibus. He further submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in custody since 29.05.2017. It is further submitted that husband of the deceased is already in custody.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record and that the husband is already in custody, 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 Addl. Chief Judicial Magistrate, Danapur, Patna, in connection with Rupaspur P.S. Case No. 158/17, subject to the 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
Patna High Court Cr.Misc. No.47154 of 2017 (2) dt.11-10-2017 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T