Ranju Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33483 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== RANJU THAKUR Son of Ram Pravesh Thakur Resident of VillageBadnihar, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-06-2020 The matter has been taken up through virtual court proceeding.
Heard learned counsels for the petitioner and the State.
The petitioner, being the husband of the victim is languishing in custody since 03.10.2018, has preferred the present application for grant of bail in a case registered for the offences punishable under Sections 304B, 201 and 504/34 of the IPC.
The prosecution case, as per the written report of Rajendra Thakur, submitted to the S.H.O., Shikarpur Police Station is to the effect that the daughter of the informant, Goldy Devi was married that the petitioner Ranju Thakur about one year prior to the lodging of the present case, but subsequently,
2/4 further dowry demand of a gold chain and a motorcycle was made and due to non-fulfillment of the same, the daughter of the victim was being tortured. On 12.07.2018, the informant came to know that his daughter has been killed by all the accused persons including the petitioner.
It is submitted by learned counsel for the petitioner that though the petitioner had taken plea of alibi that he was not present in the house at the time of occurrence, but the same has not been found true during investigation, however, the postmortem report reflects ligature mark and injury on the body of the victim which suggest that the victim committed suicide. It is further submitted that charges have been framed, but no witness has been examined as yet. The informant has retracted from his initial accusation and filed a petition to that effect before the learned Court below.
Learned APP submits that the thrust of accusation is against the petitioner, being the husband of the victim and he is named in the FIR.
Considering the fact that in the present situation, created due to pandemic, Kovid-19, since the physical court is not functional, there is no likelihood of trial being concluded in near future, period under custody and the fact the medical
3/4 opinion suggests a case of suicide, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 264 of 2018.
However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 264 of 2018.
The learned Court below will be at liberty to extend the further period of provisional bail further if the court proceeding in physical mode will not resume in next three
4/4 months.
(Dinesh Kumar Singh, J) Amrendra/- U T