Ravi Shankar Singh @ Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54684 of 2021 Arising Out of PS. Case No.-301 Year-2021 Thana- BIHAR District- Nalanda ====================================================== Ravi Shankar Singh @ Ravi Shankar Kumar Son Of Late Sidheshwar Singh Resident Of Village- Rasalpur, Police Station- Ekangarsarai, DistrictNalanda, At Present- Professor Colony, Near Udwantpuri Patel College, Police Station- Bihar, District-Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48454 of 2021 Arising Out of PS. Case No.-301 Year-2021 Thana- BIHAR District- Nalanda ====================================================== MAYANK SHANKAR son of Ravi Shnakar Singh @ Ravi Shankar Kumar Resident of Village - Rasalpur, Police Station - Ekangarsarai, DistrictNalanda at present resident of Udantpuri Near Patel College, Professor Colony, Police Station - Bihar, District - Nalanda. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54684 of 2021) For the Petitioner/s :

Mr.Anil Kumar Singh, Adv For the Opposite Party/s :

Ms.Shaheen Begum, APP (In CRIMINAL MISCELLANEOUS No. 48454 of 2021) For the Petitioner/s :

Mr.Anil Kumar Singh, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State in both the applications.

2/4 The petitioners seek bail in a case registered for the offence under Sections 302, 201/34 of IPC.

The deceased was the second wife of petitioner Ravi Shankar Singh @ Ravi Shankar Kumar and step-mother of. petitioner Mayank Shankar. The informant has full confident that all the FIR named accused persons including the petitioners killed his daughter and her dead body was disposed off without my knowledge.

Learned counsel appearing for the petitioners submits that petitioners have clean antecedent. They have falsely been implicated in the present case only on the basis of suspicion. He further submits that it appears from the FIR itself that there is general and omnibus allegation against all the accused persons including the petitioners and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 13.05.2021.

Vide order dated 06.04.2022, a report was called for with regard to the stage of the trial. Report reveals that till date no witness has been examined and the case is pending for prosecution evidence.

Learned counsel for the petitioner submits that in view of the report of the learned Trial Court it appears that there

3/4 is no chance of early conclusion of the trial in near future. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioners and submits that there is direct allegation against the petitioners.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bihar P.S. Case No. 301 of 2021, with the following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their

4/4 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T