Ranjan Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 98 Patna

Citation : 2021 Latest Caselaw 98 Patna
Judgement Date : 11 January, 2021

Patna High Court

Ranjan Kumar Singh vs The State Of Bihar on 11 January, 2021

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 14169 of 2020
      Arising Out of PS Case No.-50 Year-2019 Thana- MAHILA PS District- Banka
======================================================

Ranjan Kumar Singh, aged about 30 years (M) Son of Late Bateshwar Singh Resident of Village - Maheshpur, P.S.- Tarapur, District- Munger.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s       :      Mr. Sanjeev Kumar @ Deepak Sahay, Advocate
For the State              :      Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-01-2021

Heard Mr. Sanjeev Kumar @ Deepak Sahay, learned

counsel for the petitioner and Mr. Md. Arif, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner had moved the Court for bail in Mahila

PS Case No. 50 of 2019 dated 14.09.2019, instituted under

Sections 493/376/313 of the Indian Penal Code. Earlier he was

released on provisional bail in view of the stand taken that he

would marry the opposite party no. 2, but the same could be done

only after he was released.

3. Pursuant to order dated 26.11.2020, the

Superintendent of Police, Banka has filed a report dated Patna High Court CR. MISC. No.14169 of 2020 dt.11-01-2021

01.01.2021, after completing the exercise which was entrusted to

him. The same reads as under:

"1. That I am present posted as S.P., Banka, and I am well acquainted with the facts and circumstances of the case.

2. That on 26.11. 2020, Hon'ble Court passed order in aforesaid case in connection with Mahila (Banka) P.S. Case No. 50 of 2019 and directed the Superintendent of Police, Banka to set up a team for locating the petitioner and the informant, upon doing so, their statements would be recorded and video graphed and copy/ transcript of the same shall be brought on record by means of an affidavit affirmed by the Superintendent of Police, Banka himself.

3. That in the light and compliance of aforesaid order passed by Hon'ble High Court, Patna the Superintendent of Police, Banka set up a team vide memo No. 85/Legal, dated 28.11.2020 under leadership of the Sub-Divisional Police Officer, Banka Sri Dinesh Chandra Srivastava along with members as follows:-

1. Police Inspector, Vakil Prasad Yadav, Circle Inspector, Banka.

2. Police Inspector, Shambhu Yadav, In- charge.C.C.M.U. Cell, Banka.

3. S.I. Umesh Prasad, S.H.O., Shambhuganj.

4. S.I. Rita Kumari, Investigating Officer of Mahila P.S. Case No. 50/2019 and ordered to all members of said team to locate the accused Ranjan Kumar Singh, Son of Late Baleshwar Singh aged about 30 years, resident of Village- Maheshpur, Police Station- Tarapur, District- Munger and the informant Kusum Kumari, resident of Village- Lakah, Police Station- Shambhuganj, District- Banka immediately and further to record their statements with videography.

Patna High Court CR. MISC. No.14169 of 2020 dt.11-01-2021

4. That in complaince of aforesaid order/ directions, the S.H.O., Shbhuganj, S.I. Umesh Prasad informed the Superintendent of Police, Banka vide D.R. N. 1071/2020 dated 02.12.2020 of Shambhuganj P.S. that members of said constituted team reached at Kushwaha Colony, Tarapur P.S. Case No. 50/2019 U/s. 493/376/313 I.P.C. statements of accused Ranjan Kumar Singh recorded by S.I. Umesh Prasad and informant Kusum Kumari's statement recorded by S.I. Rita Kumari recorded with videography separately, who were living in a rental house there.

Further he sent the recorded statement of the petitioner, accused Ranjan Kumar Singh and informant Kusum Kumari along with C.D. of Video recording for perusal.

5.That the Superintendent of Police, Banka perused the recording statement of the petitioner accused Ranjan Kumar Singh and informant Kusum Kumari along with C.D. of Video recording sent by the S.H.O., Shambhuganj Police Station and found that the petitioner Ranjan Kumar Singh released on bail on 18.06.2020 and took marriage with the informant Kusum Kumari on 20.06.2020 at Teldiha Temple willingly and now the petitioner Ranjan Kumar Singh and informant Kusum Kumari both are living conjugal life in Kuswaha Colony, Tarapur happily. The informant has no complain in this regard.

6. That the Superintendent of Police, Banka has complied the direction of this Hon'ble High Court.

7. That all aforesaid facts are based on the basis of office record available in the Police Office, Banka.

8. That contents of the counter affidavit is read over to me and understood the same which is true to my knowledge and information.

9. That the annexures are true Photo copies of their respective originals."

Patna High Court CR. MISC. No.14169 of 2020 dt.11-01-2021

4. Learned counsel for the petitioner submitted that the

petitioner and the informant are happily living together and the

Court may allow the application.

5. Learned APP submitted that conditions be put on the

petitioner to keep the informant with full dignity, honour and

security.

6. Having regard to the aforesaid, the provisional bail

granted to the petitioner earlier by order dated 12.06.2020, stands

confirmed, subject to the condition that the petitioner appears

before the Court below within four weeks from today and further,

with the condition that the bailors and the petitioner shall execute

bond with regard to his good behaviour and further undertaking

shall be given before the Court by the petitioner that he shall keep

the informant as his wife along with him wherever he lives with

full dignity, honour and security and shall take care of all her