Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43050 of 2023 Arising Out of PS. Case No.-652 Year-2021 Thana- DIGHA District- Patna ====================================================== RAVI KUMAR SON OF SANJAY SINGH RESIDENT OF VILLAGECHAKIYA, PS- MANJAHI ,DISTRICT- SARAN, CHHAPRA AS PER FIR AT PRESENT ADDRESS IS NEW MICA COLONY, PS- DIGHA, DISTTPATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 07.11.2021 seeks bail, in connection with S. Tr. No.184/2022, arising out of Digha P.S. Case No.652/2021, dated 06.11.2021, for the offences punishable under Sections 302, 304B and 120B of the IPC.

3. According to prosecution case, the petitioner along with other co-accused persons have killed the daughter of the informant due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.43050 of 2023(3) dt.21-08-2023 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the trial has begun and the informant has deposed as P.W.1. He further submits that it appears from the deposition of informant (P.W.1) that he has not supported the case of prosecution and he has been declared hostile by the learned trial court. He further submits that on 21.07.2023 the informant (P.W.1) has categorically stated that the petitioner and other co-accused persons have not committed any offence. The petitioner is in custody since 07.11.2021.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XVII, Patna in connection with S. Tr. No.184/2022, arising out of Digha P.S. Case No.652/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.43050 of 2023(3) dt.21-08-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T