Ravikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69768 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== RAVIKANT KUMAR S/O Shree Chand Prasad R/o Village- Bihar Sharif Bichali Gali, Khandakpar, P.S.- Bihar, Distt- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Mahila P.S. Case No. 71 of 2021, 05.06.2021 registered for the offences punishable under Sections 376, 498(A), 323/34 of the Indian Penal Code and Section 67(A) of the IT Act.
3. The main submissions advanced by petitioner's counsel are that victim's marriage took place in the year 2004 with co-accused, Rajesh Kumar and she is issueless owing to which there was some tense relation in between the so-called victim and her husband and in-laws, petitioner is stated to be brother of the victim's husband. Further submissions are that the husband of the informant has been granted anticipatory bail vide order passed in Cr. Misc. No.26038 of 2022 and another co-
Patna High Court CR. MISC. No.69768 of 2022(5) dt.02-05-2023 2/3 accused namely, Piyush Ranjan carrying similar nature of allegation has been granted regular bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.63397 of 2022 and the husband of the informant/victim has filed a matrimonial suit under Section 9 of Hindu Marriage Act for restitution of his conjugal rights, in fact the informant does not want to live in her Sasural and she used to reside in her Naihar at Bokaro Steel City and the petitioner has been languishing in jail since 12.08.2022 and against him investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly the facts that two co-accused persons carrying almost similar nature of allegation are on bail, the petitioner is stated to be brother of the informant's husband and against him the investigation has been completed and the marriage of the informant took place in the year 2004 and there was some tense relation in between her and her husband on account of informant being issueless, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in
Patna High Court CR. MISC. No.69768 of 2022(5) dt.02-05-2023 3/3 connection with Mahila P.S. Case No. 71 of 2021. (Shailendra Singh, J.) maynaz/- U T