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Patna High CourtCR. MISC./7203/2017bail granted

Ravi Kumar v. The State Of Bihar

2017-03-06Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7203 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -RAMPUR CHAURAY District- JEHANABAD ====================================================== Ravi Kumar, Son of Bhim Yadav, Resident of Village- Deokuli, P.S.- Rampur Chouram, District- Arwal.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. Petitioner is languishing in judicial custody since 29.05.2016 in connection with Rampur Chouram P.S. Case No. 14 of 2016 for offence alleged under Sections 304B, 201, 120B of the Indian Penal Code.

The prosecution case as alleged by the informant who is father of the victim Ripu Devi is that his daughter was strangulated to death by the petitioner and her in-laws who was married four years ago to the petitioner due to non fulfillment of motor cycle and gold chain.

It has been submitted by the learned counsel for the petitioner that he is innocent and the allegations are general and omnibus against the petitioner who is husband and all other accused persons who are in-laws of the victim. It has been further submitted that there is no specific allegation against the petitioner

Patna High Court Cr.Misc. No.7203 of 2017 (2) dt.06-03-2017 2/2 of pressing neck of the victim and other co-accused have since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 41911 of 2016 on 17.10.2016. It has further been submitted that charge sheet has already been submitted, hence there is no chance of tampering of the prosecution evidence. However, learned A.P.P. for the State submits that petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may, considering the facts and circumstances of the case and from materials available on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Jehanabad in connection with Rampur Chouram P.S. Case No. 14 of 2016 subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Nilu Agrawal, J) Prakash/- U T