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Patna High CourtCR. MISC./55683/2025allowed

Ravi Sao @ Ravi Kumar v. The State Of Bihar

2026-01-08Mr. Justice Ashok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55683 of 2025 Arising Out of PS. Case No.-725 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Ravi Sao @ Ravi Kumar, S/O Late Ramdas Sao @ Ramdas Prasad @ Ramdas Saw, R/O Village-Ginjoi Khurd, PS-Fatehpur, Distt-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Ms.Vaishnavi Singh, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP For the informant :

Mr. Shailendra Kumar Singh, Advocate Mr. Ajay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-01-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Fatehpur P.S. Case No.725 of 2024 registered for the offence punishable under Sections 329(4), 75, 76, 126(2), 115(2), 109 and 351(2) of B.N.S.

3. The case of the prosecution, in short, is that on 13.11.2024, the petitioner has entered in the house of the informant and has misbehaved with the deceased while she was alone at house. It is further alleged that before one day of Dipawali festival, there was hot talk between the petitioner and the deceased. When the mother of the deceased reached there, the deceased disclosed her that the petitioner was threatening her of

2/4 dire consequences. It is further alleged that on the date of the occurrence, Ravi was standing near handpump of Dukhan Sao and asked the cousin brother of deceased the whereabouts of the deceased. The cousin brother went for playing saying that the deceased is at house. After some time when the cousin brother returned to house, he found that the room was dark. As he put on the lights, he started crying. On this, the mother of the deceased who was in the neighborhood came there and saw the petitioner going out of the house. As she entered in the house, she found the deceased in a nude position. She was bleeding from mouth and nose and was sub-conscious. The stole was tied around the neck. It is further alleged that she was admitted in ABN Emergency Hospital on 13.11.2024. From there, she was brought to AIIMS on 14.11.2024. On 16.11.2024, she was referred to RIMS Hospital, Ranchi where she was under treatment.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. it is clear that the date of the occurrence is 13.11.2024 and this case has been filed on 17.11.2024. There is delay in filing of the case. It has further been argued that from perusal of the postmortem report it will transpire that the doctor conducting the postmortem has opined that death is caused due to asphyxia as a

3/4 result of pressure over neck which is antemortem in nature. It has further been submitted that the allegation is that the assault due to which she has died was made on 13.11.2024 whereas death has taken place on 19.11.2024 as the doctor has opined that the time since death is 12 hr. to 24 hr. from the time of postmortem. Postmortem was conducted on 20.11.2024. Learned counsel for the petitioner has further submitted that if the pressure was applied which was sufficient for causing death on 13.11.2024. The death cannot be delayed for such a long period. It has also been submitted that there was affair between the deceased and the petitioner and as the family members of the deceased have come to know about their affair, the deceased has been done to death and that it is a case of honour killing. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 05.05.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the application for bail.

6. Learned counsel for the informant has filed certain documents showing treatment but the documents which have been filed from the side of the informant specially of AIIMS shows that final diagnosis is hanging and on MRI of cervical spine, the radiologist of the AIIMS has opined that no significant

4/4 abnormality is noted. CT Head also goes to show that there is no obvious cereberal parenchymal focal lesion or intracranial hemorrhage is present. The deceased was admitted in AIMS on 13.11.2024 and documents which have been filed are only up till 14.11.2024. As per the postmortem report, the death has taken place at some time on 19.11.2024. The learned counsel for the informant was provided more than sufficient opportunity to connect this gap but he has failed to do the same.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 725 of 2024.

(Ashok Kumar Pandey, J) lata/- U T