Ravi Ranjan Kumar @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40896 of 2021 Arising Out of PS. Case No.-355 Year-2020 Thana- BIKRAM District- Patna ====================================================== Ravi Ranjan Kumar @ Bipin Kumar S/o Prashid Mahto @ Prashid Verma R/o village- Datiyana, P.S.- Bikram, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshul, Advocate.
For the Opposite Party/s :
Ms. Anita Kumari Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-06-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Anshul, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Bikram P. S. Case No. 355 of 2020 registered for the offences punishable under Sections 306 read with 34 of the Indian Penal Code.
As per the prosecution case, it is alleged that the marriage of the sister of the informant was solemnized with this petitioner in the year, 2010. It is further alleged that after the marriage, his sister blessed with a son, who is now aged about
2/4 eight years. It is also alleged that after some time of the marriage, the petitioner and his other family members started torturing his sister and used to make demand of dowry due to which his sister consumed poison on 17.12.2020 and she was died during the course of treatment.
Learned counsel appearing on behalf of the petitioner submitted that from the F.I.R., it is evident that the marriage was solemnized way back in the year 2010 and the deceased was blessed with a son aged about eight years but at no point of time there has ever been any complaint with regard to the demand of dowry and torture. It is further submitted that during the course of investigation, it has come that on account of some trifling matter the husband of the deceased scolded/slapped the deceased and on account of such incidence, she consumed poison in anger. Learned counsel for the petitioner also draws the attention of this court towards the supervision note, wherein, it has come that the statement of the son of the deceased was also recorded through videography and he has also stated that because of some trifling matter his mother had also tried to give him poison but any how he managed to flee away but the deceased after consuming poison committed suicide. It is next submitted that from the F.I.R. it is
3/4 itself clear that just after the occurrence the deceased was taken to hospital and she was admitted in I.C.U. and on the next day, the informant also came there and saw all the accused persons including this petitioner were present there and all the family members made all efforts to save her life but the deceased unfortunately died on 19.12.2020. It is lastly submitted that this petitioner is in custody since 27.01.2021, though the investigation of the crime has already been completed and the charge-sheet has been submitted.
On the other hand, learned APP for the State vehemently opposes the bail application, however, he is unable to confront the fact that during the course of investigation no material has come, which suggests that the deceased herself committed suicide.
Having considered the submissions made on behalf of the parties and taking into account the fact that during the course of statement, his son has categorically stated that his mother has committed suicide and all the family members tried their best to save her life but unfortunately she died and moreover, the petitioner is in custody since 27.01.2021, though the investigation is already completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.
4/4 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 1st Class, Danapur in connection with Bikram P. S. Case No. 355 of 2020, subject to the condition that one of the bailors will be the close relative 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.
(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) shakir/- U T