Ranjan Kumar @ Ranjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34651 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================
1. Ranjan Kumar @ Ranjay Kumar Son of Madan Yadav, R/o VillageGaunchhiya, P.S.- Paras Bigha, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 09.02.2017 in connection with Paras Bigha P.S. Case No. 07 of 2017, G.R. No. 194 of 2017 for offences punishable under Sections 302, 328, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Sarita Devi was married to the petitioner in the year 2008 and large number of gifts, jewelry and cash were given at the time of marriage but she was tortured for non-fulfillment of demand of motorcycle and ultimately she was killed by administering poison.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.34651 of 2017 (3) dt.13-09-2017 2/3 petitioner that he is innocent and just because he is the husband, he has been falsely implicated in this case. There are two daughters out of her wed-lock. He submits that petitioner died a natural death and the post-mortem report does not specify any external injury. He further submits that a compromise has been entered between the parties and that charge-sheet has already been submitted and there is no chance of tampering with the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail stating therein that petitioner is the husband and there is allegation of torture for dowry. By earlier order Viscera report was called for from the Director, Forensic Science Laboratory, Bihar, Patna. The report has come. The result of the examination shows that no metallic or volatile poison could be detected in the viscera of the deceased.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jehanabad, in connection with Paras Bigha P.S. Case No. 07 of 2017, G.R. No. 194 of 2017 subject to the condition that one of the bailors would be a close relative of
Patna High Court Cr.Misc. No.34651 of 2017 (3) dt.13-09-2017 3/3 the petitioner.
(Nilu Agrawal, J) sushma/- U T