Ranjan Kumar @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.213 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Ranjan Kumar @ Rajan Kumar S/O- Nandeswar Sharma @ Nandeswar Mistri R/O Vill- Ramsagar, Ps- Sikandra, Dist- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Prakash, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Sikandra P.S. Case No. 17 of 2023 registered for the offences punishable under Sections 304 B/34 of the Indian Penal Code.
3. The allegation against the petitioner is to cause death of daughter of informant alongwith other family members/co-accused persons due to nonfulfillment of demand of dowry as raised for one
2/4 motorcycle.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case only for the reason being husband of deceased daughter of informant. It is submitted that petitioner was working at Bombay and out of certain family discussions with in-laws, deceased daughter of informant committed suicide. It is further submitted that save and except 'ligature mark' on the neck of deceased, no mark of physical injury was noticed, which prima facie suggests that she was not subjected to physical assault soon before the occurrence. It is submitted that petitioner was at Bombay in connection with his professional engagement at the time of occurrence and after receiving news of occurrence he immediately ran for his native village and in support of the fact learned counsel filed all relevant train tickets through annexure no. 5. It is further submitted that parents of petitioners being in-laws were present at
3/4 home at the time of occurrence, having more aggravated allegation have been granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 49698 of 2023 vide order dated 12.02.2024. It is further submitted that till now nothing appears during the course of investigation, which prima facie suggest that act of petitioner was so direct or active which may force deceased daughter of informant to commit suicide without leaving no any other option and in support of his submission learned counsel relied upon the legal report of Supreme Court in the matter of Gurcharan Singh Vs. State of Punjab reported in (2020) 10 SCC 200. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact, that no physical injuries were noticed upon the body of deceased
4/4 daughter of informant soon before the occurrence, accordingly petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui/concerned Court where the case is pending in connection with Sikandra P.S. Case No. 17 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T