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Patna High CourtCR. MISC./15229/2021bail granted

Tiju Ravidas v. The State Of Bihar

2021-09-01Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15229 of 2021 Arising Out of PS. Case No.-103 Year-2016 Thana- RANIYATALAB District- Patna ====================================================== TIJU RAVIDAS Son of Saligram Ravidas Resident of Village- Kanpa Pul, Nahar Par, P.S.- Rani Talab, District- Patna. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Shankar Kumar, Advocate.

For the State :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Sessions Trial No.545 of 2019, arising out of Rani Talab P.S. Case No.103 of 2016, registered under Sections 304-B, 201 and 120B/34 of the Indian Penal Code.

The accusation is of killing the deceased, the daughter of the informant, by her husband (petitioner) and other in-laws due to non-fulfillment of the demand of dowry by burning within four years of her marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, the daughter of the informant, and he is in custody

Patna High Court CR. MISC. No.15229 of 2021(3) dt.01-09-2021 2/3 since 13.12.2018. Earlier, the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 04.12.2019 passed in Criminal Misc. No.47644 of 2019 on merit but after passing over the period of about more than 1 year and 8 months of the aforesaid order, the trial of the petitioner is still pending for disposal. Further submission is that there is no chance of conclusion of the trial of the petitioner in near future due to present situation of Pandemic Covid-19.

The report regarding the present stage of the trial of the petitioner, as called for vide order dated 28.07.2021 passed by this Court, has been received from the court of the Additional Sessions Judge-II, Danapur, Patna, through Letter No.47 dated 04.08.2021, which indicates that while the charge has been framed against the petitioner in the case on 05.07.2019 but out of 13 witnesses, as cited in the charge-sheet, not a single witness has been examined till date.

The petitioner appears to be in custody since 13.12.2018, i.e., for about more than 2 years and 8 months. Having regard to the facts and the circumstances of the case and also considering the period of custody of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees

Patna High Court CR. MISC. No.15229 of 2021(3) dt.01-09-2021 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Danapur, Patna, in connection with Sessions Trial No.545 of 2019, arising out of Rani Talab P.S. Case No.103 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T