Ratan Das @ Ratan Hari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30782 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- BANKA District- Banka ====================================================== Ratan Das @ Ratan Hari Son of Late Jagdish Das Resident of village - Garhi (Gokula), Police Station - Bandhua Kuraba, District - Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bandhua Kurawa P.S. Case No. 01 of 2024 instituted for the offences under Sections 147, 148, 149, 304(B) of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in causing death of the Informant's daughter for non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.30782 of 2024(2) dt.23-04-2024 2/3 The petitioner is the father-in-law of the deceased. The husband of the deceased/Rupesh Kumar Das is already in jail since 06.01.2024. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. From the suicide note which is at Para-33 of the case diary, it has been mentioned that the deceased was committing suicide and none of her family members or her-in-laws family are responsible for it. It has further been stated that the petitioner lives separate in mess and residence with the deceased and her husband and has no concern with their day-to-day affairs. The Informant himself is not the eye-witness to the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named accused in the F.I.R. and there is direct allegation against the petitioner along with other co-accused persons of causing death of the Informant's daughter. The postmortem report supports the prosecution case. Several witnesses have also supported the prosecution case. The
Patna High Court CR. MISC. No.30782 of 2024(2) dt.23-04-2024 3/3 offence alleged against the petitioner is serious in nature and, thus, he does not deserve bail.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and there being no direct allegation against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bandhua Kurawa P.S. Case No. 01 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T