Ramakant Singh @ Rama Kant @ Rama Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1953 of 2019 Arising Out of PS. Case No.-147 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== RAMAKANT SINGH @ RAMA KANT @ RAMA KANT KUMAR Son of Bhanu Partap Singh Resident of Village - Balua PS Daraunda District Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2019 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 6.9.2018 in a case registered under sections 304B, 201 and 120B of the IPC. Petitioner happens to be husband of the deceased and allegedly, he along with others committed dowry death of the deceased but submission on behalf of petitioner is that at the time of death of the deceased the petitioner was not at his house rather he was in abroad. Further, submission on behalf of petitioner is that the written report of informant reveals that the deceased died on 29.07.2017 and para 10 of the case diary goes to show that the brother of the deceased visited the house of petitioner on the basis of information given by younger brother of the petitioner and after that he learnt that deceased was killed and her dead body was cremated. Furthermore, paras 47 and 48 of the case diary go to show that independent witnesses claimed that deceased committed suicide

Patna High Court CR. MISC. No.1953 of 2019(4) dt.15-03-2019 2/2 as her mental condition was not fit. The present case appears to be registered on 04.08.2017 and the same was placed before learned Magistrate on 08.08.2017.

Further submission on behalf of petitioner is that the informant and his other family members had participated in cremation of the deceased but later on, the informant started pressurizing the petitioner and his family members to cough up money which was refused by the petitioner and his family members as a result whereof present case was lodged.

Considering the facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I-cum- Special Judge, Siwan in Daraunda P.S. Case no. 147/2017. (Hemant Kumar Srivastava, J) s.hassan/abhijeetU T