Santosh Das @ Budhan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6144 of 2021 Arising Out of PS. Case No.-110 Year-2014 Thana- TEKARI District- Gaya ====================================================== Santosh Das @ Budhan Das Son Of Sidheshwar Das Resident Of Village - Rakasia, P.S. - Tekari, Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in a case registered for the offence under Sections-498(A), 302, 304(B) of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was husband of the deceased and the onus was upon him to explain the cause of death of his wife. A report was called for from the trial court. It has been reported that trial is in progress.

Patna High Court CR. MISC. No.6144 of 2021(3) dt.07-07-2021 2/2 Counsel for the petitioner submits that during trial, the informant of the case has already been examined as P.W. 4 in which, he has retracted from his earlier statement made in the FIR and hence, he has been declared hostile by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Additional Sessions Judge-IVth, Gaya in connection with Sessions Trial No. 227 of 2019/197 of 2018 arising out of Tekari P.S. Case No. 110 of 2014.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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