Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27480 of 2015 Arising Out of PS.Case No. -327 Year- 2013 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ravindra Singh S/o Nageshwar Singh Resident of Village Jokiyari, P.S. Raxaul, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Raxaul P.S. Case No. 327 of 2013 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act.

The sister of the informant was married with the petitioner ten years ago and thereafter, she informed that the petitioner and his family members are demanding motorcycle and if the same is not fulfilled, then they will kill her and again the petitioner demanded motorcycle from the informant through mobile and when the informant went to in-laws house of his sister

along with his pattidar, saw the cot, door were burnt and household articles were found scattered and it was informed by neighbours that the petitioner and others have killed her and all the family members were found absent from the house. Submission is of false implication and that the petitioner is unfortunate husband, he never tortured his wife in any way and on any occasion he never demanded anything and now after realizing the truth the informant has sworn affidavit that the deceased was not murdered and it was simply an accident, fire caught in her sari and she sustained burn injury. The petitioner is in custody since 12.05.

2015, mother-in-law and father-in-law have been allowed pre-arrest bail by another co-ordinate Bench of this Court and, as such, the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that after ten years of marriage the occurrence has taken place, in the FIR itself cot and door was found burnt and chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.

East Champaran in connection with Raxaul P.S. Case No. 327 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T