Ramashankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64603 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Ramashankar Singh Son Of Binda Singh R/O Vill.- Harser, P.S.- Siwaipatti, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and caused death of the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not the family member of the deceased and the petitioner is uncle of the deceased's husband. He further submits that it appears from the F.I.R. that the date of

Patna High Court CR. MISC. No.64603 of 2022(2) dt.14-03-2023 2/3 occurrence took place on 25.03.2021 but the present F.I.R. was instituted on 07.08.2021 after lapse of five months and there is no explanation of delay. He further submits that the father-inlaw of the deceased namely Vrijkishore Singh has been granted bail by a Coordinate Bench of this Court vide order dated 12.09.2022 in Cr. Misc. No. 21022 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 08.07.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 Siwaipatti P.S. Case No. 93 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.64603 of 2022(2) dt.14-03-2023 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T