Puran Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29408 of 2024 Arising Out of PS. Case No.-444 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Puran Das Son of Naresh Das Resident of village- Deodha, P.S.- Pakribarawan, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP For the Informant :
Mr. Prabhas Ranjan, Advocate Mr. Binod Kr. Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Warisaliganj P.S. Case no. 444 of 2021 registered under sections 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the petitioner was married to the daughter of the informant. She was tortured by the accused persons and was living at her parents place. It is stated that the petitioner called her by making a phone call on the mobile phone of the younger brother of the deceased. On the victim going to meet the petitioner, she disappeared and subsequently her dead body was recovered
Patna High Court CR. MISC. No.29408 of 2024(4) dt.28-06-2024 2/3 from the river.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case as a result of differences between the parties which would be evident from the contents of the F.I.R itself. There are no eye witness to the alleged occurrence. The petitioner is in custody since 1.11.2023 and undertakes to cooperate in the case/trial. He further submitted that charge has been framed in the learned trial Court on 1.5.2024.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that it has come during course of investigation that it was the petitioner who called her by making a call on the mobile phone of the younger brother of the deceased and thereafter the victim disappeared and her dead body was recovered from the river.
6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, there being no eye witness to the occurrence, the petitioner having remained in custody since 1.11.2023, investigation in the case having concluded and charge having been framed in the learned trial Court on
Patna High Court CR. MISC. No.29408 of 2024(4) dt.28-06-2024 3/3 1.5.2024, the petitioner is directed to be enlarged on bail in connection with S.Tr. no. 176 of 2024 (arising out of Warisaliganj P.S. Case no. 444 of 2021), 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 Additional District & Sessions Judge- 1st Class, Nawada. (Partha Sarthy, J) Harsh/- U T