Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33200 of 2022 Arising Out of PS. Case No.-285 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== RANJAN KUMAR SON OF RAM PUKAR SAH RESIDENT OF VILLAGE - KAMALPUR, P.S. - LALGANJ, DISTRICT - VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that his sister (deceased) was married to the petitioner on 23.04.2013 in a temple. Further, on account of non-giving of gift the accused persons including the petitioner were annoyed. Further, when gifts including Rs.3,00,000/- were given, the marriage was performed in presence of the villagers. After marriage again his sister was

Patna High Court CR. MISC. No.33200 of 2022(2) dt.25-11-2022 2/3 pressurized for dowry for purchasing a land in the town. It is further alleged that on 15.09.2022, informant called his sister but her mobile was switched off. Further, on 16.09.2022, when he went to her matrimonial home, he came to know that she was killed, even his maternal nephew was missing and the house was locked. Further, accused persons had disappeared the body, thereafter he informed the police and then the dead body of his sister was recovered from Keshopur Ghat concealed in a bag. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that no one had seen the petitioner or anyone of his family member carrying the dead body, as such, the presumption that it was a dowry death does not get attracted as the death was also not inside the house as the dead body was found from Kesopur Ghat.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is the husband of the deceased. It is an admitted fact that the deceased was killed. It is further submitted that from perusal of the order impugned it would manifest that the deceased was killed by strangulation. Learned A.P.P. next submits that if the petitioner had not committed the occurrence then he should

Patna High Court CR. MISC. No.33200 of 2022(2) dt.25-11-2022 3/3 have informed the informant that his sister was missing but then the same was not done which casts an aspersion on the conduct of the petitioner which prima facie shows his culpability in the offence.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Lalganj P.S. Case No. 285 of 2020 pending in the Court of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hazipur/successor Court.

Hence, prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T