Ratnesh Prasad Singh @ Ratnesh Kumar Singh @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62622 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Ratnesh Prasad Singh @ Ratnesh Kumar Singh @ Ratnesh Kumar, aged about 28 years, Gender, Male, Son of Bijay Kumar Singh, Resident of Village- Sabarchak, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard Shri Devendra Kumar Sinha, learned senior counsel for the petitioner, Shri Anjani Kumar, learned senior counsel for the informant assisted by Shri Sanjay Kumar, advocate and learned A.P.P. for the State.

The petitioner seeks bail in connection with Patliputra P.S. Case No. 205 of 2018 registered for the offences punishable under Sections 304 (B), 201/34 of the Indian Penal Code. Accusation against the petitioner of torture for not fulfilling the demand of dowry and due to non-fulfillment of the same, he killed the daughter of the informant and disposed of her dead body.

Learned senior counsel for the petitioner submits that

2/4 the petitioner is in jail custody since 20.06.2019 and the petitioner is the husband of the deceased. The actual fact is that the deceased Anjali Sinha had committed suicide in Jabalpur where she used to reside with her husband and, a U/D case bearing no.32 of 2018 has been instituted in Ranjhi Police Station, Jabalpur (M.P.) and thereafter the doctor conducted the postmortem and postmortem report was prepared at Jabalpur (M.P.) Learned senior counsel for the petitioner further submits that the petitioner has been falsely implicated in this case, and petitioner has got no criminal antecedent. Learned senior counsel for the petitioner further submits that charge sheet has been submitted and charge has not been framed till date, there is no allegation against the petitioner to tamper with the witnesses.

Learned counsel for the informant submits that in paragraphs 58, 59 and 60 of the case diary, independent witness has supported the prosecution case and the petitioner was employed at Jabalpur and had taken her there with him. She was tortured and harassed there as well. When the informant did not hear from her for several days, and he went to her matrimonial village. Therefore, he did not find anyone and was informed by the villagers that the accused have murdered his daughter and have taken her body in an ambulance to dispose it.

3/4 were apprehended by police near A.N. College but they managed to escape by giving false statement. Learned counsel for the informant further submits that her death is unnatural and has occurred within three years of her marriage, and offence is very serious in nature.

In the facts and circumstances of the case, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-XII, Patna in connection with Patliputra P.S. Case No. 205 of 2018, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself

4/4 available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T