Dinesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25611 of 2021 Arising Out of PS. Case No.-11 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== Dinesh Das, Son of Jay Narayan Das, Resident of Village - BarharwaMahanand, P.S.- Kalyanpur, Distt.- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the State :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since15.09.2020 seeks bail in connection with Kalyanpur P.S. Case No.11 of 2019 registered for offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Prosecution case in brief, is that on written application of informant Ram Surat Das, that the petitioner in connivance with other accused persons assaulted the informant's grand daughter and strangulated her to death.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and states that he has made

Patna High Court CR. MISC. No.25611 of 2021(3) dt.01-12-2021 2/3 specific statement in paragraph no.7 that the deceased was having extra marital relationship with his brother-in-law and the same fact has come to his notice that the deceased committed suicide. The said fact is also corroborated with the postmortem report (Annexure-2), in which doctor has found cause of death is due asphyxia due to hanging and as such the petitioner has falsely been implicated in the present case, deserves to be enlarged on bail.

Learned counsel appearing on behalf of the State submits that from perusal of the case diary, it has come in course of investigation that some independent witnesses has also supported the case of the petitioner that she was having affair with her brother-in-law and due to which she committed suicide. Considering the facts and circumstances of the case, allegations made in the FIR and specific statement of the petitioner made in paragraph no.7 which has been supported by independent witness that the deceased was having extra marital relationship with her brother-in-law and as the said relationship was known to her husband, the present petitioner, she committed suicide, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.25611 of 2021(3) dt.01-12-2021 3/3 satisfaction of learned Additional Chief Judicial Magistrate, IXth, East Champaran at Motihari in connection with Kalyanpur P.S. Case No.11 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T