Ranjeet Kumar Singh @ Ranjeet Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29432 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -SAKARPUR District- DARBHANGA ======================================================
1. Ranjeet Kumar Singh @ Ranjeet Singh S/o Kirti Singh resident of village-Kaithewar, Tole Maswasi, P.S- Sakat pur, Distt- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Devta Devi d/o- Shri Naresh Singh Resident of village- Sakat pur, P.S Sakat pur Distt- Darbhanga.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and the State.
Petitioner being the husband of the informant is languishing in custody since 30.05.2016 in a case registered for the offences punishable under Sections 341, 323, 324, 328, 307, 379, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The prosecution case is that the informant Devta Devi was married with the petitioner five years prior to the lodging of the case. On subsequent to the marriage demand of dowry of Rupees one lakh was made and for non fulfillment of the same torture was inflicted. It is alleged that on 29.05.2015 the petitioner along with his brother-inlaw Ashok Singh and Biru Singh tried to administer poison
Patna High Court Cr.Misc. No.29432 of 2016 (3) dt.28-09-2016 through food to the informant, but informant suspected the same and did not consume the food. It is further alleged that on the order of petitioner and his father one Robin Singh was assaulted by the brother-in-law of the petitioner Ashok Singh with farsha, as a result he fell down. Coaccused Biru Singh assaulted the brother of the informant with stone chips on his thigh, Naresh Singh was assaulted by Kirti Singh by lathi, as a result uprooted his and Udgar Singh assaulted with iron rod. It is alleged that the petitioner and the sister of the petitioner assaulted the informant with fists and slaps.
It is submitted by the learned counsel for the petitioner that in fact the informant's side came to the house of the petitioner and they assaulted the grand-father of the petitioner leading to registration of Sakatpur P.S. Case No. 34 of 2015 on 30.05.2015 with accusation under Sections 447, 147, 148, 149, 341, 323, 307, 427, 504 of the Indian Penal Code, though prior to the registration of present case. The specific accusation of assault to the brother of the informant is not against the petitioner and as per own accusation of the informant she do not took the poisonous food, hence no case under Section 328, 307 of the Indian Penal Code is made out against the petitioner. The grievous injury has been caused to the brother of the informant, who was assaulted by the co-accused Ashok
Patna High Court Cr.Misc. No.29432 of 2016 (3) dt.28-09-2016 Singh. Moreover the investigation has already concluded. It is submitted by the learned counsel for the informant that assault was made at the behest of the petitioner by the co-accused persons and the brother of the informant has received grievous injury. The informant also still ready to resume the conjugal life.
Considering the fact that the specific accusation of causing grievous injury is against co-accused persons and not against the petitioner, moreover the investigation has already concluded, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Darbhanga in connection with Sakatpur P.S. Case No. 37 of 2015. (Dinesh Kumar Singh, J) P.K./- U T