Dipu Kumar @ Dipu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56525 of 2025 Arising Out of PS. Case No.-940 Year-2024 Thana- FATUA District- Patna ====================================================== Dipu Kumar @ Dipu Ray S/O Shankar Ray R/O Village- Pitambrapur, P.SFatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhagya Narayan Jha, Adv.

For the State :

Mr.Sanjay Kumar Tiwary, APP For the Informant : Mr. Shashi Bhushan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2025 Heard Mr. Bhagya Narayan Jha, learned counsel for the petitioner, Mr. Sanjay Kumar Tiwary, learned APP for the State and Mr. Shashi Bhushan Singh, learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Fatuha P.S. Case No. 940/ 2024 dated 29.12.2024 registered for the offence(s) punishable under Sections 108 and 3(5) of the BNS.

3. The main submissions advanced by the petitioner's counsel are that the petitioner is the brother-in-law of the deceased, he has been living separately from the husband of the deceased for a long time, having no concern with the affairs of the husband of the deceased, in fact, there is land dispute between the petitioner and the husband of the deceased and in order to put pressure upon the petitioner to grab his land, he has been falsely implicated in this case. It is further submitted that the alleged occurrence is said to have taken place on 21.12.2024 but the FIR was lodged nine days thereafter, and marriage of the deceased

Patna High Court CR. MISC. No.56525 of 2025(2) dt.19-08-2025 2/2 with co-accused, Diwali Kumar had taken place 10 years ago. It is lastly submitted that the investigation against the petitioner has been completed and he has been languishing in jail since 07.02.2025.

4. On the other hand, the learned counsel appearing for the informant has opposed the bail prayer of the petitioner and submits that after killing the deceased, the petitioner and other inlaws of the deceased threw the body out of the house and three injuries were found on the body of the deceased.

5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly the facts that the petitioner is said to be the brother-in-law of the deceased and in the FIR, there is no specific allegation against him and the FIR was registered after nine days of the alleged occurrence and also coupled with the custody period of the petitioner as well as completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Fatuha P.S. Case No. 940/ 2024 on furnishing bail bond of Rs. 20,000/-( Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

BKS/- (Shailendra Singh, J) U T