Barun Das @ Varun Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6376 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Barun Das @ Varun Kumar Das, S/o Virendra Nath Das, R/o Mohalla Belbagh, Bengali Colony, At + P.O. Bettiah, P.S. Bettiah Town, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. For the State Mr. Md. Fahimuddin, A.P.P. For the Informant : Mr. Shambhu Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 Heard learned senior counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and subsequently, Section 306 of the Indian Penal Code was added.

Learned senior counsel for the petitioner has submitted, referring to the First Information Report, that there is absolutely no allegation of demand of dowry by the petitioner nor there is any allegation of torturing the deceased who subsequently committed, suicide when she was staying at her mother's place. Learned counsel for the petitioner submits that for the occurrence, which had taken place at the residence of the informant, the

Patna High Court Cr.Misc. No.6376 of 2015 (3) dt.21-05-2015 2/2 petitioner cannot be dragged.

Learned counsel appearing on behalf of the informant vehemently opposed the prayer for bail and has submitted that it was because of the torture meted out to the deceased by the petitioner and his family members that she took step of committing suicide.

Be that as it may, in the facts and circumstances of the case, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Mithanpura P.S. Case No. 205 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other condition that the petitioner shall present himself before the police in course of investigation as and when required and also before the court in course of trial and any failure on his part, the prosecution shall approach the court for cancellation of bail.

(Chakradhari Sharan Singh, J.) Vats/- U T