Patna High CourtCR. MISC./41280/2015bail granted

Kailash Das @ Lalu Das v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41280 of 2015 Arising Out of PS.Case No. -15 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Kailash Das @ Lalu Das, S/o Chandrika Das, Resident of villageKolhaikura, Police Station- Katoria (O.P. Suiya), District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B)/34 of the Indian Penal Code.

It is alleged by the informant that his daughter Sabitri Devi was married with the petitioner in the year 2013. It is further alleged that on 18.01.2014 he got information that his daughter has been burnt to death due to non fulfillment of dowry demand.

It has been submitted on behalf of the petitioner that petitioner is in custody since 18.02.2015. Charge-sheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.41280 of 2015 (3) dt.14-10-2015 antecedent. There is no allegation of tampering with the evidence against the petitioner. Petitioner has falsely been implicated in the present case. Paragraph 60 of the case diary indicates that the deceased had died due to accidental fire while she was cooking food. P.O. as described by the I.O. in paragraph 8 of the case diary also suggests that the food was being made where the alleged occurrence is said to have taken place. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. Petitioner is husband of the deceased.

Considering the aforesaid facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 15 of 2014.

(Sudhir Singh, J) Amin/- U