Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1098 of 2022 Arising Out of PS. Case No.-149 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Ravi Kumar S/o - Late Om Prakash Yadav R/o Vill- Pirapur, P.S.- Lalganj, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.07.2021, charge-sheet has been submitted and is a person with clean antecedent. The informant alleges that his daughter was married with the petitioner in the year 2007 and on 27.05.2020, he got informant that the petitioner alongwith his named family members killed his daughter. When he reached the place of occurrence, no one was present in the house.

Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.1098 of 2022(2) dt.23-05-2022 2/3 bare perusal of the allegations as alleged in the F.I.R., it would manifest that the marriage was performed in the year 2007. It is next submitted that the F.I.R. does not even whisper that dowry was being demanded by the petitioner or his family members. It is next submitted that in between 13 years of marriage, not a single criminal case came to be instituted from the side of the informant or the deceased. It is next submitted that out of the wedlock three children were born and the police recorded the statement of the eldest daughter (Tannu) in para 54 of the case diary wherein she has stated that her mother suffered from abdominal pain and the father (petitioner) had taken her to hospital and later he informed that the mother has died.

It is next submitted that merely because the petitioner is the husband, that does not entails that he should remain behind the bars even if the death was natural and normal. Learned counsel for the petitioner thus, submits that the entire allegation hinges around suspicion and even during the course of investigation nothing has come which could even remotely connect the petitioner with the offence except for suspicion. It is also submitted that the informant has not alleged any motive for the occurrence. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.1098 of 2022(2) dt.23-05-2022 3/3 Considering the fact that the petitioner is in custody 16.07.2021, charge-sheet has been submitted and is a person with clean antecedent and taking into consideration the submissions made by learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Lalganj P.S. Case No. 149 of 2020.

(Satyavrat Verma, J) Ankit/- U