Pappu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7310 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== Pappu Das Son of Umesh Das Resident of Village- Chakwa, P.S.- Khodawandpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 42 of 2021 registered for the offence under Section 306 of the Indian Penal Code and, later on, Section 302 of the Indian Penal Code was added subsequently.

The accused/petitioner is named in the F.I.R. and is in custody since 30.06.2021.

The allegation against the petitioner is to commit murder of his wife for a trivial issue, regarding outing of their minor daughter, where, initially, F.I.R. was lodged u/s 306 of the

Patna High Court CR. MISC. No.7310 of 2022(3) dt.11-10-2022 2/3 Indian Penal Code by the informant.

Learned counsel appearing on behalf of the petitioner submitted that F.I.R. itself speaks about committing suicide for trivial issue, where just on the basis of medical report, as mobility of neck of deceased was found abnormal, under suspicion, the provision of Section 302 of the Indian Penal Code was added later on. It is further submitted that several independent witnesses, during the course of investigation, suggest that the daughter of the informant committed suicide. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that, initially, F.I.R. was lodged u/s 306 of the Indian Penal Code.

In view of the facts and circumstances, as mentioned above, as the allegation u/s 302 of the Indian Penal Code was added merely on the ground of suspicion, which is founded over abnormal mobility of neck coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.7310 of 2022(3) dt.11-10-2022 3/3 Khodawandpur P.S. Case No. 42 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XIV, Begusarai/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T