Patna High Court
Ravi Sao @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Ravi Sao, sought bail in a case registered under Sections 329(4), 75, 76, 126(2), 115(2), 109 and 351(2) of the B.N.S., alleging he was falsely implicated in the death of a woman who was found nude, bleeding, and with a rope around her neck. The prosecution alleged that the petitioner entered the informant's house, threatened the deceased, and was seen leaving the house after the victim was found in a compromised state. The petitioner argued that the FIR was filed four days after the alleged incident, that the post‑mortem indicated death due to asphyxia occurring 12‑24 hours after the alleged assault, and that the medical reports did not conclusively link his actions to the death, suggesting an honour‑killing motive. The State and the informant opposed bail, relying on the seriousness of the charges and the alleged circumstances. After hearing both sides, the court found the delay and medical uncertainties sufficient to justify bail and ordered the petitioner released on a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S.
- Whether the delay in filing the FIR and the medical evidence create reasonable doubt warranting bail
- Whether the petitioner poses a flight risk or risk of tampering with evidence
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 329(4), 351(2), 75, 76
Subjects
- bail
- criminal procedure
- honour killing
- medical evidence
- delay in FIR
- B.N.S.
- sections 329, 75, 76, 126, 115, 109, 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55683 of 2025
Arising Out of PS. Case No.-725 Year-2024 Thana- FATEHPUR District- Gaya
======================================================
Ravi Sao @ Ravi Kumar, S/O Late Ramdas Sao @ Ramdas Prasad @
Ramdas Saw, R/O Village-Ginjoi Khurd, PS-Fatehpur, Distt-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Ms.Vaishnavi Singh, Advocate
For the State : Mr. Sanjay Kumar Sharma, APP
For the informant : Mr. Shailendra Kumar Singh, Advocate
Mr. Ajay Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 08-01-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with
Fatehpur P.S. Case No.725 of 2024 registered for the offence
punishable under Sections 329(4), 75, 76, 126(2), 115(2), 109 and
351(2) of B.N.S.
3. The case of the prosecution, in short, is that on
13.11.2024, the petitioner has entered in the house of the
informant and has misbehaved with the deceased while she was
alone at house. It is further alleged that before one day of Dipawali
festival, there was hot talk between the petitioner and the
deceased. When the mother of the deceased reached there, the
deceased disclosed her that the petitioner was threatening her of
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dire consequences. It is further alleged that on the date of the
occurrence, Ravi was standing near handpump of Dukhan Sao and
asked the cousin brother of deceased the whereabouts of the
deceased. The cousin brother went for playing saying that the
deceased is at house. After some time when the cousin brother
returned to house, he found that the room was dark. As he put on
the lights, he started crying. On this, the mother of the deceased
who was in the neighborhood came there and saw the petitioner
going out of the house. As she entered in the house, she found the
deceased in a nude position. She was bleeding from mouth and
nose and was sub-conscious. The stole was tied around the neck. It
is further alleged that she was admitted in ABN Emergency
Hospital on 13.11.2024. From there, she was brought to AIIMS on
14.11.2024. On 16.11.2024, she was referred to RIMS Hospital,
Ranchi where she was under treatment.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. From perusal
of the F.I.R. it is clear that the date of the occurrence is 13.11.2024
and this case has been filed on 17.11.2024. There is delay in filing
of the case. It has further been argued that from perusal of the
postmortem report it will transpire that the doctor conducting the
postmortem has opined that death is caused due to asphyxia as a
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result of pressure over neck which is antemortem in nature. It has
further been submitted that the allegation is that the assault due to
which she has died was made on 13.11.2024 whereas death has
taken place on 19.11.2024 as the doctor has opined that the time
since death is 12 hr. to 24 hr. from the time of postmortem.
Postmortem was conducted on 20.11.2024. Learned counsel for
the petitioner has further submitted that if the pressure was applied
which was sufficient for causing death on 13.11.2024. The death
cannot be delayed for such a long period. It has also been
submitted that there was affair between the deceased and the
petitioner and as the family members of the deceased have come
to know about their affair, the deceased has been done to death and
that it is a case of honour killing. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
05.05.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail.
6. Learned counsel for the informant has filed certain
documents showing treatment but the documents which have been
filed from the side of the informant specially of AIIMS shows that
final diagnosis is hanging and on MRI of cervical spine, the
radiologist of the AIIMS has opined that no significant
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abnormality is noted. CT Head also goes to show that there is no
obvious cereberal parenchymal focal lesion or intracranial
hemorrhage is present. The deceased was admitted in AIMS on
13.11.2024 and documents which have been filed are only up till
14.11.2024. As per the postmortem report, the death has taken
place at some time on 19.11.2024. The learned counsel for the
informant was provided more than sufficient opportunity to
connect this gap but he has failed to do the same.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Gaya in connection with Fatehpur P.S. Case No. 725
of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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