Ravi Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55531 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Ravi Shankar S/o Late Mahendra Choudhary R/o Diliya PS Dawath Dist Rohtas, At present Address Anand Nagar Bikramganj, ward no. 5, P.S. - Bikramganj, Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N. Hoda, Advocate :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2024 1.
Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks regular bail in connection with Bikramganj PS case no. 229 of 2023 instituted for the offences punishable under Sections 498(A), 304(B), 120(B)/34 of the Indian Penal Code.
3.
The prosecution case, as per the First Information Report, is that the daughter of the informant has been killed by the accused persons by stragulating her with the help of scarf due to non-fulfilment of demand of dowry. The petitioner is the husband of the deceased. It has been alleged that the petitioner is the main conspirator and on his behest, other accused persons
Patna High Court CR. MISC. No.55531 of 2024(3) dt.25-10-2024 2/3 (his family members) has killed the informant's daughter in her matrimonial home.
4.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to oblique motive, inasmuch as the petitioner is Loco Pilot in Railways and on the date of occurrence, he was on duty at Mumbai. Learned counsel further submits that co-accused has already been granted regular bail by a co-ordinate Bench of this Court vide order dated 21.09.2023, passed in Cr. Misc. No. 61657 of 2023. The petitioner is stated to be in custody since 16.04.2024. 5.
I have heard learned counsel for the parties and have perused the First Information Report. The petitioner is the husband of the deceased and there is specific allegation against him of demanding dowry and torture due to non-fulfilment of the dowry demand. The daughter of the informant (deceased) has died in suspicious condition in her matrimonial home within 07 years of marriage. The nature of death, whether it is suicidal, homicidal or accidental is not very important in such kind of cases. There is presumption under Sections 113A and 113B of the Evidence Act against the accused persons. Accordingly, I am not inclined to grant regular bail to the petitioner, at this stage, hence the same is rejected.
Patna High Court CR. MISC. No.55531 of 2024(3) dt.25-10-2024 3/3 6.
However, the petitioner is at liberty to renew his prayer for bail after completion of nine months from today, if the trial does not show any progress.
(Anil Kumar Sinha, J) rinkee/- U T