Chhathu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50976 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== CHHATHU DAS Son of Late Bhardul Das Resident of Village- Kumarpur, P.S.- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Ms.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard Mr. Anil Kumar, learned counsel for the petitioner and Ms. Veena Rani Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Kalyanpur PS Case No. 89/2021 registered for the offence punishable under Sections 304(B), 201/34 of the IPC. Marriage of the daughter of informant was solemnized with co-accused person, Manish Kumar in the year 2019 and the allegation is that the petitioner along with other accused persons, due to non fulfillment of the dowry, has killed the daughter of the informant and cremated her dead body clandestinely.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case along with entire family members and from perusal of the FIR, it would be evident that there is no specific allegation of demand of dowry

Patna High Court CR. MISC. No.50976 of 2021(2) dt.08-04-2022 2/2 and torture against the petitioner. He further submits that the petitioner happens to be maternal uncle of the husband of the deceased and he does not reside in the matrimonial house of the deceased.

Learned counsel next submits that petitioner is in custody since 22.06.2021, charge-sheet has been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is a maternal uncle of the husband of the deceased and the allegation against him is general and omnibus in nature, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, CHHATHU DAS be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 9th , Motihari, East Champaran in connection with Kalyanpur PS Case No. 89/2021.

(Anil Kumar Sinha, J) perwez U T