Shiv Kumar Das @ Siv Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25336 of 2014 Arising Out of PS.Case No. -76 Year- 2013 Thana -CHAKAMHESI District- SAMASTIPUR ====================================================== Shiv Kumar Das @ Siv Kumar Das Son of Sri Ramashish Das Resident of Village - Basuari, P.S.- Chak Mehsi, District - Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Kumar Singh,Advocate For the Opposite Party/s : Mr. Rajendra Pd. Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 201 and 34 IPC registered in connection with Chak Mehsi P.S. Case No. 76 of 2013.
3. It is submitted that the petitioner has been falsely implicated and he has not even been named in the FIR. It is significant that the informant Mukesh Kumar Trivedi being the uncle of the deceased in his fardbeyan has categorically claimed that the deceased had died by consuming poison and also there was no mark or injury on his body. After almost 13 months thereafter he has changed his stand in his deposition for implicating the petitioner and one Tilak Raj @ Tilak Raj Mishra. It is further submitted that the father of the deceased has also filed Complaint Case No. 504 of 2013 at Muzaffarpur when the body of the deceased was recovered in the jurisdiction of Chak Mehsi Police Station, District Samastipur and that too after a lapse of about
Patna High Court Cr.Misc. No.25336 of 2014 (3) dt.12-08-2015 three weeks after the date of occurrence with an intention to falsely implicate the petitioner. It is further submitted that there is no substantive materials to connect the petitioner with the offence alleged.
4. Learned APP appears and opposes the application for anticipatory bail relying on the statements of several witnesses recorded therein in which the petitioner along with Tilak Raj @ Tilak Raj Mishra are said to have been seen with the deceased prior to the occurrence. Learned APP however, unable to show from the case diary that any of the witnesses examined are independent witnesses, all of whom appear to be family members of the deceased.
5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 07.11.2014 pending in the Court of learned Chief Judicial Magistrate, Samastipur in connection with Chak Mehsi P.S. Case No. 76 of 2013 is hereby confirmed subject to the following further conditions: (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran U