Vishal Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11112 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== VISHAL RANJAN S/o Anup Kumar Resident of Village- Bairiya Kolhuwa, Prem Kumar Aawas-Gandhi Nagar Saketpuri, Near Vivah Bhawan, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Iftekhar Mahmood, APP For the Informant :

Mr. Rakesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State as well as learned Counsel for the informant. This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Ramnagar PS Case No. 120 of 2020 registered under Sections 498A/34 of the IPC and Sections 3⁄4 of the Dowry Prohibition Act.

FIR is lodged by the wife suffering with terminal blood cancer alleging that the petitioner being the husband has not paid any heed to her treatment and that he has been torturing her and making demand from her parents in the process of treatment. She has subsequently died as a result of the disease. It is submitted by learned Counsel for the petitioner that

Patna High Court CR. MISC. No.11112 of 2021(4) dt.02-08-2021 2/2 in fact the petitioner is the victim. He has taken all due care, made all expenses towards treatment of his wife and has falsely been implicated in this case. Brother of the informant has in fact encashed the victim's illness and has solicited donation even after hear death. The petitioner is stated to be in custody since 14.10.2020. Learned APP as well as learned Counsel for the informant have opposed the prayer for bail. It is submitted that the victim herself has made allegations in the FIR while she was undergoing treatment for the terminal disease. She has specifically alleged the fact that she has been tortured during treatment and that even funds have been solicited from her parents, which has been misappropriated by the petitioner, being husband of the victim. Having regard to the nature of allegation constituting gravity of the offence this Court for the present is not inclined to allow the prayer.

The prayer for bail is rejected.

(Madhuresh Prasad, J) SNkumar/- U T