Ravi Sao @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52760 of 2024 Arising Out of PS. Case No.-519 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== RAVI SAO @ RAVI KUMAR S/O SURAJ DEO SAO @ SURAJ SAO @ SURAJDEV PRASAD R/O VILLAGE- SHARMA, P.S- BARACHATTI, DISTT.- GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.403 of 2023, 1144 of 2023, arising out of Barachatti P.S Case no.519 of 2019 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the sister of the informant who was married to the petitioner was physically and mentally tortured and assaulted by the accused persons including the petitioner herein. As per information received by the informant she was ultimately done to death.
4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 19.12.2022 (Annexure- P/1) passed in Cr. Misc. no.10388 of
Patna High Court CR. MISC. No.52760 of 2024(2) dt.20-07-2024 2/3 2022. The petitioner, who is the husband of the deceased has been falsely implicated in the case. The manner of occurrence is other that what has been narrated in the FIR. The petitioner is in custody since 9.8.2021. Referring to the order of the learned trial Court, it is submitted that though charge has been framed against the petitioner in the learned trial Court on 9.8.2023, inspite of issuance of summons and bailable warrants against the charge-sheeted witnesses on 9.1.2024 and 7.5.2024, the prosecution witnesses are not appearing. The petitioner undertakes to cooperate in the trial.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner having remained in custody since 9.8.2021, charge having been framed in the learned trial Court on 9.8.2023 and as evident from the order of the learned trial Court, the witnesses on behalf of the prosecution not appearing inspite of issuance of summons and bailable warrants, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.403 of 2023, 1144 of 2023 (arising out of Barachatti P.S Case no.519 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.52760 of 2024(2) dt.20-07-2024 3/3 amount each to the satisfaction of the learned A.D.J- I, Sherghati, Gaya.
(Partha Sarthy, J) Shiv/- U T