Ravishankar Kumar @ Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68039 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Ravishankar Kumar @ Ravindra Kumar Son of Karu Yadav Resident of Village - Barki Musapur, P.S. - Barbigha (Keoti O.P.), District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Adv For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Barbigha (Keoti O.P.) P.S. Case No. 310 of 2023 dated 14.07.2023 registered for the offence punishable u/ss 302 and 304B read with Section 34 of the I.P.C.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's sister to death due to non-fulfillment of demand of Rs. 2 lacs as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.68039 of 2024(2) dt.21-09-2024 2/3 this case. The petitioner is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is further submitted that the informant's sister was alone at her matrimonial home and she committed suicide, reason best known to her. It is further submitted that the dispute used to arise between the petitioner and the deceased with regard to the earning. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased and he used to torture the deceased due to non-fulfillment of demand of dowry. The petitioner and the co-accused persons killed the sister of the informant by strangulating her which gets support from the postmortem report and the inquest report of the deceased. The doctor has opined that the cause of death is Asphyxia due to hanging. 'U' shaped dark drown ligature mark was found over upper neck. Learned counsel has further stated that it is not a case of suicide.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the
Patna High Court CR. MISC. No.68039 of 2024(2) dt.21-09-2024 3/3 petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Barbigha (Keoti O.P.) P.S. Case No. 310 of 2023 pending in the court of learned District and Sessions Judge, Sheikhpura.
7. The application stands rejected.
(Chandra Prakash Singh, J) Jyoti/- U T