Patna High CourtCR. MISC./13474/2015bail granted

Prabhat Das v. The State Of Bihar

2015-09-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13474 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Prabhat Das son of Guder Das resident of Village - Kashpur, P.S. Amarpur, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Indra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is husband of the deceased and is languishing in jail custody since 20-10-2014 in a case in which, charge sheet has been submitted under Section-304(B) of the Indian Penal Code.

Contention on behalf of the petitioner is that the first information report as well as statement of witnesses, recorded at paragraphs-37, 38 & 39 of the case diary, reflects that at the time of alleged occurrence, the petitioner was not present at his house. It is further contended by him that moreover, the cause of death could not be ascertained by the doctor. No visible injury was found on the person of the deceased. It is further contended by him

Patna High Court Cr.Misc. No.13474 of 2015 (5) dt.28-09-2015 2/2 that in course of investigation, some witnesses stated that the deceased had consumed poison and, therefore, at best, it is a case of Section-306 of the Indian Penal Code.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Amarpur P.S. Case No. 220 of 2014 to the satisfaction of Chief Judicial Magistrate, Banka. (Hemant Kumar Srivastava, J) A.K.V./- U T