Jitendra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32510 of 2025 Arising Out of PS. Case No.-710 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jitendra Das S/o Asharfi das R/o- Dilawarpur, P.S.- Keshariya, Distt- East Champaran, presently reside at Lakshi Chawk, P.S.- Brahampura, DisttMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Abhay Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Upon repeated calls, no one appears on behalf of the petitioner. However, learned APP for the State is present.
2. The petitioner is apprehending arrest in connection with Ahiyapur P.S. Case No. 710 of 2022 lodged on 13.08.2022, for the offence punishable under Sections 341, 323, 306 & 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner. It has been alleged in the FIR that the informant's sister was married to the petitioner. Due to the absence of a child, the petitioner's family allegedly began torturing and assaulting her. Subsequently, the informant's sister called her brother and informed him that accused Maya Devi was assaulting her and
Patna High Court CR. MISC. No.32510 of 2025(3) dt.13-08-2025 2/3 intended to kill her by administering poison. Thereafter, the informant came to know that his sister had jumped into the river, and her dead body was subsequently recovered.
4. It has been pleaded in the bail application that the petitioner is innocent and has committed no offence. It has been further pleaded that the deceased (informant's sister) has committed suicide after jumping in Gandak river. Further plea has been taken that the petitioner was not present at the house as he was posted at Mon district at Nagaland and he is serving at BRO in Defense Department. It has been pleaded that, as per the postmortem report, the cause of death is drowning, and no external injuries were found on the body. Counsel further submits that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the pleading, it transpires that the petitioner was not present at the house as he is serving at BRO in Defense Department.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
Patna High Court CR. MISC. No.32510 of 2025(3) dt.13-08-2025 3/3 mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 710 of 2022, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T