Ravi Shankar Kumar @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.1282 of 2021 Arising Out of PS. Case No.-340 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== RAVI SHANKAR KUMAR @ PINTU son of Suresh Singh RESIDENT OF VILLAGE SUNDRI PS KAWAKOLE DISTRICT NAWADA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma,Sr.Advocate Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

For the Informant :

Mr.Bipin Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-04-2021 Heard learned Senior Counsel for the petitioner, learned counsel for the informant and Mr. Lalan Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Kawakole P.S. Case No. 340 of 2019 registered for the offences punishable under Section 304/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the prosecution story it is alleged that the petitioner Ravi Shanker Kumar @ Pintu and the sister of informant namely Bobby Kumari was married and after the marriage, Bobby Kumari was tortured to bring money from her maika by her husband and in-laws, for which a case was filed and

2/4 consequently compromise had taken place on the assurance of the petitioner that he will keep Bobby Kumari with dignity. On the date of occurrence dated 3.11.2019 at 3:00 am the informant got information from unknown person on phone that his sister was brutally assaulted and she is in serious condition. He went to her sister's matrimonial house and took her to PHC, Roh from where she was referred to Nawada for better treatment and on way she died.

Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the brother of the deceased has deposed in course of trial that the deceased had never made any complaint against her husband or the family members of her husband.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having heard learned Senior Counsel for the petitioner, learned counsel for the informant and Mr. Lalan Kumar, learned APP for the State, upon noticing that the informant who happened to be the brother of the deceased has deposed in course of trial and in his deposition he has made a statement that the deceased had never made any complaint

3/4 against her husband or family members of her husband, she had fallen ill and was being treated in a private hospital and further that he was not in his complete sense when he had lodged this case, further noticing that the marriage between the petitioner and the deceased was of the year 1999, in the nature of the materials placed before this court, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada, in connection with Kawakole P.S. Case No. 340 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C.

as under: (a) That such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

4/4 And further condition that in course of trial the petitioner will attend the trial court on each and every date fixed in the matter. Two consecutive defaults in putting appearance in course of trial shall invite action towards cancellation of bail bond of the petitioner by the court below itself. (Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/ - U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.