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Patna High CourtCR. MISC./77415/2019bail granted

Ravi Raj Kumar Singh @ Ravi Raj Singh v. The State Of Bihar

2020-01-10Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77415 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== RAVI RAJ KUMAR SINGH @ RAVI RAJ SINGH Son of Arjun Singh Resident of Village - Ahiyapur, P.S.- Barbihga, Distt - Sheikhpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for regular bail arises out of Barbigha P.S. Case No. 159 of 2018, disclosing the offences under Sections 304(B) and 201/34 of the Indian Penal Code.

The petitioner is the husband of the deceased and is in custody since 9.9.2019.

It is alleged in the First Information Report that the informant's daughter was married to the petitioner nearly six years before the date of lodging of the First Information Report. Allegedly, the petitioner and in-laws of

Patna High Court CR. MISC. No.77415 of 2019(2) dt.10-01-2020 2/3 the deceased could make demand of dowry and they used to torture her. It is further alleged that the persons named in the First Information Report administered poison leading to death of the deceased.

It appears from the First Information Report itself that the informant was informed by the petitioner about deteriorating condition of the deceased. It is the petitioner's case that though, there is presumption of dowry death if the death of a woman occurs within seven years of marriage but, such presumption is rebuttable. It is also the case of the petitioner that the deceased was suffering from acute dehydration and in course of treatment, she died. Be that as it may, considering the fact that the petitioner is in custody since 9.9.2019 and that the informant was informed about the poor health of the deceased by the petitioner, a case for grant of regular bail is made out. This application is allowed. Let the petitioner, above-named, 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, Sheikhpura, in connection with Barbigha

Patna High Court CR. MISC. No.77415 of 2019(2) dt.10-01-2020 3/3 P.S. Case No. 159 of 2018, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T