Deepak Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5442 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== DEEPAK DAS S/O RAMANAND DAS R/o village- Raghopur (Khoriya), P.S.- Vibhutipur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 311/2021 arising out of Mansoorchak P.S. Case No. 80/2020, registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

As per prosecution case, accusation against the petitioner and others is said to have committed murder by the conspiracy and his dead body was thrown besides the road. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner has surrendered before the court below on 27.10.2020 and bears no criminal antecedent. The petitioner is husband of the deceased. Learned counsel for the petitioner

Patna High Court CR. MISC. No.5442 of 2022(4) dt.12-09-2022 2/2 further submits that at para 17 of the case diary, petitioner has never tortured the victim. As per post mortem report no bodily injury is found upon the deceased except Ligature mark found. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that dead body had found in suspicious circumstances and she died within seven years of marriage. The petitioner is husband of the deceased.

Considering the facts and circumstances of the case, accusation levelled against the petitioner, material available on record as well as presumption of law, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, if the trial is not concluded within a period of nine months from the date of receipt/production of copy of order, petitioner may renew his prayer for bail. (Alok Kumar Pandey, J) amitkumar/- U T