Patna High CourtCR. MISC./54070/2023bail granted

Ranjeet Singh v. The State Of Bihar

2023-09-15Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54070 of 2023 Arising Out of PS. Case No.-185 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== Ranjeet Singh Son of Late Anil Singh Resident of Village- Pakadi, P.SMirganj, District Goplaganj ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mani Bhushan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 78 of 2022, arising out of Mirganj P.S. Case No. 185 of 2021, registered on 04.06.2021 for the alleged offence under Sections 304(B)/34 of the Indian Penal Code.

3. This is the second attempt of the petitioner to seek bail from this Court as his prayer for bail was earlier rejected vide order dated 28.06.2022 passed in Cr. Misc. No. 58829 of 2021.

4. As per prosecution case, the daughter of the informant, who was second wife of the petitioner, was found dead in the house of the petitioner within seven years of the

2/4 marriage.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 05.06.2021 and while rejecting the prayer for bail of the petitioner, the learned trial court was directed to conclude the trial within a year and liberty was granted to the petitioner to renew his prayer for bail, if the trial was not concluded within the said period. Learned counsel further submits that a supplementary has been filed on behalf of the petitioner bringing on record certain new facts. Prior to the occurrence, the petitioner filed an informatory petition bearing No. 1239 of 2017 before the learned Chief Judicial Magistrate, Gopalganj on 09.05.2017 against his wife and in-laws as the wife of the petitioner pressurized him to transfer his land in her favour.

Learned counsel further submits that this is the second marriage of the petitioner with the daughter of the informant as first wife of the petitioner died leaving behind two children and for taking care of the children, the petitioner has solemnized the second marriage in a temple. The petitioner has got treated his second wife for depression but his wife did not fully recover. Learned counsel further submits that the wife of the petitioner committed suicide and petitioner has been falsely implicated in this case.

3/4 that the mother of the petitioner was not made accused at initial stage and during investigation she has been made accused. Learned counsel further submits that only two witnesses have been examined in this case and there is no chance of conclusion of trial in near future.

6. Learned APP opposes the submission made on behalf of the petitioner.

7. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the progress in the trial and further considering the period of custody of the petitioner, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Gopalganj/concerned court in connection with Sessions Trial No. 78 of 2022, arising out of Mirganj P.S. Case No. 185 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T