Indradeo Das @ Indradev Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31904 of 2025 Arising Out of PS. Case No.-174 Year-2013 Thana- KATORIYA District- Banka ====================================================== Indradeo Das @ Indradev Das S/o Late Ayodhi Das R/o Village- Paprewa, P.S.- Katoria, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Katoria P.S. Case No. 174 of 2013 registered for the alleged offences under Sections 304(B), 328/34 of the Indian Penal Code.

03. As per prosecution case, the daughter of the informant was married with the petitioner, who died within 07 years of her marriage. The informant alleged that the petitioner and his family members had been torturing his daughter.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. From the FIR, it is clear that it was the petitioner who informed his father-

Patna High Court CR. MISC. No.31904 of 2025(3) dt.01-09-2025 2/3 in-law about the condition of his wife. Learned counsel further submits that the actual fact of the case is that the deceased went to pick woods and ate some poisonous fruit which caused food poisoning and she started vomiting. When she was taken to the hospital, she died during her treatment. Learned counsel further submits that, subsequently, the charge-sheet was submitted under Section 306 and 328 of IPC, but the petitioner did not abet the deceased to commit suicide. The petitioner is in custody since 03.03.2025 and charge-sheet has been submitted. The petitioner is having clean antecedent.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner is the husband who used to torture his wife and for this reason, she committed suicide.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet under Sections 306 and 328 of IPC and further considering the clean antecedent of the petitioner and his period of custody, the petitioner above named is directed to 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 Chief Judicial Magistrate, Banka/court

Patna High Court CR. MISC. No.31904 of 2025(3) dt.01-09-2025 3/3 concerned in connection with Katoria P.S. Case No. 174 of 2013, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T