← Library
Patna High CourtCR. MISC./23518/2017bail granted

Chandan Kumar Das v. The State Of Bihar

2017-06-28Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23518 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -ANGARGHAT District- SAMASTIPUR ====================================================== Chandan Kumar Das, son of Shastru Rai, Resident of Village- Bhagwanpur Desua, P.S.- Ujiyarpur, District- Samastipur. ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Angarghat P.S. Case No. 84 of 2016, registered under Section 302/34 of the Indian Penal Code.

The accusation is that before eight years, the marriage of Punam Devi, daughter of the informant, was performed with this petitioner and there are two children out of their wedlock. It is alleged that due to illicit relation of the petitioner with another lady, quarrel took place in between the petitioner and Punam Devi and Punam Devi went at her Myaka, where petitioner visited on two occasions and also gave threatening to kill her. On 19.12.2016 petitioner again came at the house of informant at about 10.00 P.M. after taking dinner he slept in the room of Punam Devi. The petitioner asked Punam Devi to accompanied him to attend call of nature at about 2.00 A.M. in the

Patna High Court Cr.Misc. No.23518 of 2017 (3) dt.28-06-2017 2/3 night. Thereafter, at 4.00 A.M. petitioner came to the wife of the informant and inquired about Punam Devi then informant along with others started searching his daughter and found her dead body in the field slitting her neck. Thereafter, villagers caught hold the petitioner and handed over to the Police in the morning. Learned counsel for the petitioner submits that, in fact, after receiving the news of murder of his wife Punam Devi at her Mayaka, he proceeded there where he was caught hold by the villagers and handed over to the Police mere on suspicion due to earlier quarrel. It is further submitted that it is quite unnatural that after committing the murder of his wife petitioner will return to her Mayaka house, as narrated in the F.I.R., and query about his wife. The petitioner has no criminal antecedent is in custody since 20.12.2016 and the Police has already submitted Chargesheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Samastipur in connection with Angarghat P.S. Case No.84 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T

Patna High Court Cr.Misc. No.23518 of 2017 (3) dt.28-06-2017 3/3