Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20931 of 2025 Arising Out of PS. Case No.-406 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Ravi Kumar, male, aged about 19 years, S/o Birendra Yadav @ Birendra Prasad Resident of vill- Manjhauli, P.s.- Fatehpur, Dist.- Gaya, Bihar , Pin824232 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anmol Kumar, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Magadh Medical P. S. Case No. 406 of 2023, dated 12-09-2023, registered for offences punishable under Sections 279, 304(A) of the Indian Penal Code (for short ' IPC'). Subsequently Sections 392, 411, 304 and 120B of the I.P.C. has been added. 3.The prosecution case, in short, is that on 11.09.2023, the wife of the informant, namely Meena Kumari, left home at 6:00 AM to attend an A.N.M. demonstration in Patna. She remained in touch with her husband throughout the day. After reaching Gaya around 5:30 PM, she told him that she was required to submit some reports at an Anganwadi center. At
2/4 6:35 PM, she boarded a tempo for Bodhgaya. Her last phone call was around 7:10 PM, after which her phone was found switched off. The informant repeatedly called, but got no response.It is further alleged that at 8:00 PM, one Mamta Kumari gave information on mobile that his wife had met with an accident and at that time the A.N.M. WhatsApp group informed the family members that his wife was lying dead at Anugrah Narayan Medical College and Hospital, Gaya. He further alleged that on that information he along with his family members reached ANMCH, Gaya, where she was lying dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the FIR was first registered against unknown persons and the petitioner was implicated merely on the basis of the confessional statement of co-accused Shankar Kumar, who disclosed the name of the petitioner. No incriminating material has been recovered from the possession of the petitioner or his house; rather, the looted mobile phone was seized from co-accused Vikky Raj. It is further submitted that Vikky Raj, in his confessional statement, has not disclosed anything implicating the petitioner. It is next submitted that the petitioner was arrested in connection with
3/4 Fatehpur P.S. Case No. 271 of 2024 and was remanded in this case on 08.08.2024, and three criminal cases are pending against him.
5. Learned Additional Public Prosecutor for the State has opposed the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M II, Gaya in connection with Magadh Medical PS Case No. 406 of 2023 subject to the following conditions:-(i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on
4/4 ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T