Amardeep Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10280 of 2021 Arising Out of PS. Case No.-401 Year-2017 Thana- DANAPUR District- Patna ====================================================== Amardeep Das, Male, aged about 35 years, Son Of Sri Suresh Chandra Das, R/O Village-Chamartoli Math Par Sultanpur, P.S.- Danapdur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Patanjali Rishi, Advocate For the Opposite Party :

Mr. Murlidhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

A supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case in connection with Danapur P.S. Case No. 401 of 2017 for the offence registered under Sections 304(B) read with Section 34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. Earlier the bail application of the petitioner was

Patna High Court CR. MISC. No.10280 of 2021(3) dt.08-12-2021 2/3 rejected vide Cr. Misc. No. 13076 of 2019 under order dated 11.04.2019 by this Court taking into account that the petitioner is the husband of the deceased and the onus is upon the petitioner to explain the cause of death of the deceased. A report was called for from the learned court below regarding the present stage of the case. It has been reported that out of 10 prosecution witness, 05 prosecution witnesses have already been examined.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 12.10.2017 for approximately four years and two months. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has further been pointed out that five prosecution witnesses examined on behalf of the prosecution have been declared to be hostile including the informant of the present case (P.W.1). On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the period undergone and the depositions of prosecution witnesses, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.10280 of 2021(3) dt.08-12-2021 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I, Danapur, Patna in connection with Danapur P.S. Case No. 401 of 2017.

(Sudhir Singh, J) U.K./- U T