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Patna High CourtCR. MISC./85293/2023bail granted

Ravi Kant Parasar @ Ravi Kant Parashar v. The State Of Bihar

2024-03-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85293 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ravi Kant Parasar @ Ravi Kant Parashar S/o- Binod Jha R/o Village - Batraha, Ward No. 26, P.S.- Saharsa Sadar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Saharsa Sadar P.S. case No. 296 of 2023 instituted for the offences under Sections 302, 120(B) of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons tortured and assaulted the daughter of the informant and thereafter killed her on account of nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is husband of the deceased.

Patna High Court CR. MISC. No.85293 of 2023(3) dt.19-03-2024 2/3 After investigation, the police submitted charge-sheet under Section 306 of the Indian Penal Code and cause of death could not be ascertained. The petitioner is in custody since 22.07.2023 and has no criminal antecedent. Learned counsel for the petitioner further submits that cognizance has been taken in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner is husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner, charge-sheet being submitted under Section 306 of Indian Penal Code, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Saharsa Sadar P.S. case No. 296 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.85293 of 2023(3) dt.19-03-2024 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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