Tapan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29924 of 2017 Arising Out of PS.Case No. -140 Year- 2015 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Tapan Kumar Das Son of Rajendra Das, Resident of Village-Rangpur, P.S. Balrampur, District-Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 04.01.2016 in connection with S.T. No. 129/2016, arising out of Balrampur P.S. Case No. 140/2015 for offences punishable under Sections 302, 324, 307, 120-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner along with one Raju Das came to his house in the evening and after having food they slept with his father on the verandah. His step-mother Sitola Devi along with his 12 year old sister Rupali Kumari was sleeping in a room and petitioner was in the other room. At 1.30 in the night he heard the screaming sound

Patna High Court Cr.Misc. No.29924 of 2017 (3) dt.08-08-2017 2/3 of his mother and saw his mother drenched in blood and the petitioner along with Raju Das was assaulting his mother with knife. He went to his father and found his father also seriously injured and blood oozing from his skull. Thereafter the petitioner and other accused assaulted the informant giving him knife blow but he managed to escape. It is further alleged that as a result of assault both his father and step-mother succumbed to the injuries.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case being the nephew of the deceased father of the informant. It is further submitted that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that trial has already begun.

However, learned APP for the State opposes the prayer for bail stating therein that the informant is an eye-witness to the alleged occurrence.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with S.T. No. 129 of

Patna High Court Cr.Misc. No.29924 of 2017 (3) dt.08-08-2017 3/3 2016, arising out of Balrampur P.S. Case No. 140/2015. Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T