Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57698 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- SIGAUDI District- Patna ====================================================== Ramesh Kumar S/o- Ram Keshwar Yadav Village- Gulariya Bigha Ps- Sigori Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parashuram Singh, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner, State and the informant.
2. The petitioner is in custody in connection with Sigori P.S. Case No. 33 of 2024 for the offence punishable under sections 304(B) and 34 of the Indian Penal Code lodged on 04.03.2024 by the informant, Subhash Yadav.
3. As per the prosecution story, the informant alleged that the deceased was married to the petitioner in the year 2023 but was tortured for dowry and on the fateful day, was informed about she having been electrocuted. Upon return, found injuries on the body and believing that she has been killed, the FIR.
4. Learned counsel for the petitioner submits that the couple had good relationship, the lady was depressed and committed suicide, the fact remains that the police after
Patna High Court CR. MISC. No.57698 of 2024(3) dt.20-11-2024 2/3 investigation has submitted charge-sheet under Section 306 of the IPC and not either under 304B and/or other sections of the IPC.
5. Learned counsel for the informant, on the other hand opposes the trial submitting that the ligature mark was found on the person of the deceased which shows strangulation.
6. Learned APP, Bharat Bhushan is representing the State and he has taken this Court to the charge-sheet/supervision note submitted by the police to show that the cause of death has been found to be Asphyxia due to hanging and accepting it to be a case of suicide, the charge-sheet has been submitted under Section 306 of the IPC.
7. Considering the submissions put forward by the parties as also the fact that charge-sheet has been submitted under Section 306 of the IPC, the petitioner do not have criminal antecedent, is in custody since 05.03.2024 (the day the alleged incident took place), in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned JM 1st Class, Danapur in connection with Sigori P.S. Case No. 33 of 2024
Patna High Court CR. MISC. No.57698 of 2024(3) dt.20-11-2024 3/3 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T