Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31281 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== CHANDAN KUMAR, Son of Sanjay Prasad Sao @ Sanjay Sao, aged about 23 years, Male, Resident of Village- Haibaspur, P.S.- Ranitalab, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoranjan Kumar, Advocate.

For the Opposite Party :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 302, 304(B) and 201/34 of the I.P.C.

The prosecution story, in brief, is that the informant

Patna High Court CR. MISC. No.31281 of 2020(2) dt.02-12-2020 2/3 married her daughter with the petitioner in the year 2015 and they blessed with a son from their wedlock, before two years. It is further alleged that the petitioner used to torture the daughter of the informant for a four wheeler as dowry. On 19.03.2020, the petitioner informed her that her daughter set herself on fire and consequently died. When the informant went to her matrimonial house, then she has not found the dead body of her daughter.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 28.04.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. The informant and the petitioner has filed a joint petition before the court of learned J.M. Ist Class, Danapur, Patna, where the informant has retracted from her earlier statement made in the F.I.R., annexed as Annexure-2 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.31281 of 2020(2) dt.02-12-2020 3/3 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 the learned J.M. Ist Class, Danapur, Patna, in connection with Ranitalab P.S. Case No. 67 of 2020.

(Sudhir Singh, J) U.K./- U T