Binod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24256 of 2020 Arising Out of PS. Case No.-135 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Binod Das S/O Late Babaji Das Resident Of Village - Mushachak, P.S. Minapur, District - Muzaffarpur ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in Minapur Police Station Case No. 135/2020 registered for the offence punishable under sections 328/302/34 of the Indian Penal Code. Prosecution's case, in brief, is that on 23.4.2020 informant's daughter Amrita Kumari had gone to attend call of nature in the evening and when she did not return till 9 pm he started searching her. In the meantime, she returned to home. Her condition was not well and she told that the petitioner along with Manoj Das, Mithu Das and Soni Devi had told that due to her activity his son Mintu Kumar is going in wrong direction and thereafter with intention to kill her they caught and forcibly administered something to her due to which she fell down. The victim was taken to the SKMCH, Muzaffarpur where doctor

Patna High Court CR. MISC. No.24256 of 2020(3) dt.04-11-2020 2/2 declared her dead at about 8 am on 23.4.2020. Learned counsel for the petitioner submits that it is case of honour killing in which the informant has killed both Amrita Kumari and Mintu Kumar. Petitioner has also filed Minapur Police Station Case No. 134/2020 for killing his son Mintu Kumar against the informant and his family. There is no eye witness to the occurrence. Petitioner has got no criminal antecedent and he is in custody since 28.4.2020. Learned counsel for the State opposes the prayer for bail and submits that there is direct allegation against the petitioner and the daughter of the informant has died in suspicious circumstances. In the inquest, police has found froath coming from the mouth of the deceased.

In the facts of the case as well as considering the nature of allegation, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) Shashi U T