Surendra Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51909 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Surendra Ravidas, son of Late Kamo Ravidas, resident of VillageChhatarwar, P.S.- Pakribarawan, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar -Advocate For the Opposite Party/s : Mr. Sri S.M. Rahman-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Deceased was done to death at her Sasural within seven years of marriage and for that, there happens to be some sort of allegation with regard to demand as well as torture having exhorted upon the deceased. F.S.L. Report is available wherefrom it is apparent that deceased died of sulfas.
Learned counsel for the petitioner has submitted that petitioner happens to be father in-law having no specific allegation. Furthermore, it has also been submitted that during course of investigation, the material has been exposed to the extent of death on account of snake biting. Furthermore, it has also been submitted that he happens to be separate in mess and business
from his son as well as deceased and so, he could not be made accountable for the death of deceased Nilam Kumari. In similar way, it has also been submitted that there happens to be absence of any kind of allegation against the petitioner to have demanded dowry and for that, tortured the deceased. Furthermore, it has also been submitted that husband is under custody, however, anticipatory bail petition is pending on behalf of his wife. Apart from this, it has also been submitted that petitioner happens to be under custody since 29.08.2016.
On the other hand, learned Additional Public Prosecutor opposed the prayer.
From perusal of the case diary, it is evident that large number of co-villagers have been examined by the I.O., who had stated that this petitioner along with his wife had disclosed that deceased, while going to meet nature's call unfortunately fallen victim of snake biting. Furthermore, from Para-12, statement of Sudamia Devi, it is apparent that he along with his wife and son had taken the deceased over tempo towards Situa Mod Kadhar and during said course, they have disclosed that it happens to be a case of snake biting. In the aforesaid background, the mental culpability of the petitioner is found exposed along with his son. Furthermore, from Para-6 the place of occurrence, it is evident that
petitioner also reside in the same house in a room adjacent to the room of deceased. Now, coming to the main allegation, it is evident that petitioner had also made demand. Further, he along with his wife as well as son had directed that come after Holi along with money and then thereafter, only Bidai will be effected. The cumulative effect for the present, did not favour the petitioner and on account thereof, for the present, his prayer for bail is rejected.
Office is directed to transmit the F.S.L. Report in sealed cover to the learned lower Court at once. (Aditya Kumar Trivedi, J) Vikash/- U T