Suresh Chandra Das @ Suresh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32766 of 2018 Arising Out of PS. Case No.-401 Year-2017 Thana- DANAPUR District- Patna ====================================================== Suresh Chandra Das @ Suresh Das S/o Late Sahdeo Das, R/o Vill.- Sultanpur Chamar Toli, P.S.- Danapur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate.
Mr. Anuj Kumar, Advocate.
For the Opposite Party : Mr. Ram Bachan Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and the State.
The petitioner/Suresh Chandra Das @ Suresh Das is the father-in-law of the deceased. He had earlier approached this Court for grant of bail vide Cr. Misc. No. 47278 of 2017 but his case was permitted to be withdrawn by order dated 03.01.2018.
The petitioner along with others has been made accused in connection with Danapur P.S. Case No. 401 of 2017 dated 24.06.2017 which has been instituted for the offences under Sections 304-B/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that there is general and omnibus allegation against all the accused persons including the petitioner and the post-mortem report does not indicate that any external or internal injury was suffered by the deceased.
Patna High Court Cr.Misc. No.32766 of 2018(4) dt.26-10-2018 2/2 There is only one ligature mark over the neck but no corresponding subcutaneous injury.
Mr. Yogesh Chandra Verma, learned senior counsel appearing for the petitioner has further indicated that no effort was made by the petitioner or other members of the family to dispose off the dead body in stealth. The wife of the petitioner who too has been made accused in this case has been granted bail by this Court on 03.01.2018. The husband of the deceased is in custody.
Regard being had to the period of custody of the petitioner which is from 25.06.2017 and his age, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 401 of 2017.
The petitioner shall participate in the trial and his absence from the trial proceedings for three consecutive occasions without reasonable explanation would entitle the informant/Public Prosecutor to move for cancellation of his bail.
krishna/- (Ashutosh Kumar, J) U T