Ajay Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46724 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- PANJWARA District- Banka ====================================================== AJAY DAS S/O MAHESHWARI DAS Resident of village- Mara Tikar, Harizan Tola, P.S.- Panjwara, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.
As per allegation in the FIR, petitioner is husband of the informant's daughter and he committed murder of his wife by strangulating her with rope around the neck. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegations have been levelled against him. There are two children out of the wedlock of petitioner and the deceased. In fact, deceased herself committed suicide. There is no direct allegation against the petitioner. Petitioner is
Patna High Court CR. MISC. No.46724 of 2022(3) dt.16-01-2023 2/2 languishing in judicial custody since 05.04.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that cause of death is asphyxia due to ligature mark around the neck as opined by the doctor in postmortem report. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Panjwara P.S. Case No. 40 of 2022. (Sunil Kumar Panwar, J) sushma/- U