Kundan Das @ Kundan Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74655 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Kundan Das @ Kundan Ravidas S/o Manikchand Das @ Manik Chan Ravidas R/o vill - Shahpur, P.s. - Rahui, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP For the Informant :

Mr. Ravi Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Rail G.R.P. Biharsharif P.S. Case No. 04 of 2024, instituted for the offences punishable under Sections 304(B) and 120(B) of the Indian Penal Code.

3. The prosecution case, in short, is that, sister of the informant was married to the petitioner. The petitioner demanded Rs. 1 to 2 lakhs cash as dowry and for nonfulfillment of the same they assaulted the deceased and ousted her from her matrimonial house. Later on, the informant

Patna High Court CR. MISC. No.74655 of 2024(3) dt.18-12-2024 2/3 received information that a lady had met an accident with a train and after seeing the photo, the informant identified his deceased sister.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation attributed against the petitioner of killing the sister of the informant, rather the allegation levelled against the petitioner is general and omnibus in nature. It is next submitted that the petitioner himself informed the informant that his sister had fled away from her matrimonial house. It is further submitted that the deceased had committed suicide. The petitioner is in custody since 15.02.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail

Patna High Court CR. MISC. No.74655 of 2024(3) dt.18-12-2024 3/3 to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rail G.R.P. Biharsharif P.S. Case No. 04 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T