Ritu Raj @ Dilu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24646 of 2020 Arising Out of PS. Case No.-355 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== RITU RAJ @ DILU S/o Shri Ashok Kumar Resident of Village-Kopa Kala, P.S.-Naubatpur, District-Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 304B and 34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is husband of the deceased and the onus is upon him to explain the cause of death of the deceased. A report was called for from the Trial Court. It has been reported that out of 07 prosecution witnesses, four witnesses have already been examined.

A supplementary affidavit has been filed on behalf of the petitioner bringing on record the deposition of four

Patna High Court CR. MISC. No.24646 of 2020(4) dt.28-01-2021 2/2 witnesses. P.W. 1 (informant) is the father of the deceased, P.W.- 2 is the brother of the deceased, P.W.-3 is uncle of the deceased and P.W.-4 is co-villager of the deceased. All the four witnesses have retracted from their earlier statement and in crossexamination, they have categorically stated that the present case has been instituted due to mistake of fact. The petitioner had no involvement in the said offence. The death of the deceased had taken place due to fire in course of cooking. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II, Danapur, Patna in connection with Naubatpur P.S. Case No. 355 of 2017. (Sudhir Singh, J) Pankaj/- U T