← Library
Patna High CourtCR. MISC./34624/2021bail granted

Omkar Das v. The State Of Bihar

2022-02-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34624 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- CHANDAN District- Banka ====================================================== OMKAR DAS SON OF LATE TOGI DAS Resident of Village- Heth Chandan (Goriyari), P.S.- Chandan, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant, who was married to the petitioner, was burnt over a trivial dispute relating to an egg.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for the reason of his being the husband of the deceased. It was an accidental death which took place while the deceased was cooking food. He is in custody since 15.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the

Patna High Court CR. MISC. No.34624 of 2021(4) dt.10-02-2022 2/2 case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation including the statement of the witnesses in paragraph nos. 9, 14, 23 and 24 of the case diary as also the contents of the post-mortem report where there is no mention of kerosene oil, the Court directs the petitioner to be enlarged on bail in connection with Chandan P.S. Case no.239 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Saurabh/- U T