Indrajeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15420 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Indrajeet Das S/o Lalan Das R/o Gopalpur, P.S.- Amdabad, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Prosecution case as per FIR is that the informant solemnized the marriage of his daughter with one Rupesh Das on 01.03.2023 but after three days of her marriage, she came to her parent's house. The victim, thereafter, came in contact with one Indrajeet Das(petitioner) and 20 days prior to the date of occurrence, petitioner took the daughter of the informant with him and they both started living as husband and wife in the house of the petitioner. On 11.06.2023, the informant came to know that his daughter has been killed by all the F.I.R. named

Patna High Court CR. MISC. No.15420 of 2024(5) dt.02-08-2024 2/3 accused person including this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From para-11 of this petition, it is submitted that daughter of the informant was not happy from her marriage with one Rupesh Kumar and due to that frustration, she has herself committed suicide. From perusal of confessional statement of the petitioner as mentioned in para21 of the case diary, it is evident that he confessed his guilt and stated that an altercation took place between him and the deceased due to which he pressed the neck of his wife (deceased) as a result of which she died. It is further submitted that the confessional statement is not admissible in the eye of law.

From perusal of the postmortem report, the cause of death of the deceased is due to asphyxia as a result of hanging. No one is the eye witness of this case rather only on the basis of hearsay evidence, petitioner has been dragged in this case. It is submitted from para-14 of this petition that charge has been framed in this case in which no witness has been examined and as such there is no chance to conclude the trial in near future. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.15420 of 2024(5) dt.02-08-2024 3/3 languishing in judicial custody since 03.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amdabad P.S. Case No. 154 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional District Judge-III, Katihar. (Sunil Kumar Panwar, J) shubham/- U T