Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77262 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- KORHA District- Katihar ====================================================== Ravi Kumar, S/o Shiva Nand Poddar @ Shibu, Resident of Village/MohallaGerabari Bazar, Ward No. 6, PS- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate Mr.Raghvendra Kumar Singh, Advocate For the State :

Mr.Surendra Kumar, APP For the Informant :

Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-01-2025 Heard learned senior counsel for the petitioner, learned APP for the State and the learned counsel for the informant.

2. In the present case, the petitioner seeks bail in connection with Korha P.S. Case No. 87 of 2024, registered for the alleged offence under Sections 302/201 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant was killed by the petitioner and he tried to give the occurrence colour of suicide.

4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has all along been

2/4 present at the place of occurrence and even took the deceased to the hospital. There is no eye witness to the whole occurrence and the whole case is based on suspicion, but chain of circumstances are missing to show the involvement of the petitioner in causing death of the daughter of the informant. The deceased used to stay in her house with children, but the children have not stated anything against the petitioner. The prosecution story does not appear to be believable. The learned senior counsel further submits that the conduct of the petitioner refutes the allegation against the petitioner as it is not the conduct of a guilty person, otherwise he would have fled away from the spot. The petitioner is in custody since 29.07.2024 and charge sheet has been submitted. The petitioner is having clean antecedent.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. The learned counsel for the informant submits that the petitioner managed to kill the daughter of the informant as he was having love affair and relationship with the deceased. The petitioner fled away after the deceased was taken to the hospital and it shows his culpability. The learned counsel further submits that

3/4 the petitioner was nominee in the bank account of the deceased and it shows the motive for killing the daughter of the informant.

6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the distinct lack of material to connect the petitioner with the offence as alleged and further considering the period of custody of the petitioner, submission of charge sheet and his clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No. 87 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to

4/4 be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T