Ravi Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32135 of 2022 Arising Out of PS. Case No.-810 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ravi Shankar Singh, Son of Sri Pannalal Singh, Resident of Village- Ratan, P.S.- Gogari, Jamalpur, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-08-2022 Today this case has been listed on priority basis, on the motion slip filed by the learned counsel for the petitioner. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Vijay Anand, learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Kotwali (Barari) P.S. Case No. 810 of 2019 registered for the offences punishable under Sections 341, 323, 325, 307, 385, 452/387 of the Indian Penal Code. As per the prosecution case, it is alleged that on 12.09.2019, the petitioner, who happens to be the brother-in-law
2/4 of the informant, entered into the coaching centre of the informant and on the point of pistol made demand of Rs.3,00,000/-. It is further alleged that when the informant refused to pay, the petitioner assaulted the informant and thrown out him from the window, due to which he sustained fracture injury.
Learned counsel appearing on behalf of the petitioner submits that since there was some matrimonial dispute between the sister of the informant and the petitioner, the present case has been instituted with some mala fide and oblique reason. It is further submitted that from the F.I.R. it is evident that though allegedly the demand was made, but no ransom has been passed in pursuance of the demand. It is next submitted that the petitioner is a school teacher, having M.Sc. Math and B.Ed., in Diksha International School, Sabour and so far the another case bearing Kotwali (Barari) P.S. case no. 1077 of 2019 is concerned, the same has been instituted by the father-in-law of the petitioner, in which the petitioner is already on privilege of anticipatory bail. It is next submitted that after institution of the F.I.R., the petitioner himself surrendered before the court below on 25.01.2022 and after completion of the investigation, chargesheet has been submitted. However, he is in jail custody since
3/4 then.
On the other hand, learned APP for the State opposes the bail application and submits that there is specific allegation against the petitioner that he thrown out the informant from window resulting into fracture injury.
Having regard to the submissions made on behalf of the parties and considering the relationship of the petitioner with the informant as well as the fact that the petitioner is in custody since 25.01.2022 and he is a teacher in a private school and moreover the investigation of the crime is already completed and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 810 of 2019, 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.
4/4 (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.
(Harish Kumar, J) uday/- U T