Patna High CourtCR. MISC./57224/2024rejected

Santosh Das v. The State Of Bihar

2024-09-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57224 of 2024 Arising Out of PS. Case No.-567 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Santosh Das S/o- Prahlad Das @ Pralad Das Resident of Village- Fajilpur PSGoradih, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Anand, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Amar Anand, learned counsel for the petitioner and Mr. Nagendra Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.11.2023, in connection with Sessions Trial No. 154 of 2024 arising out of Sabour Goradih P.S. Case No. 567 of 2023, G.R. no. 5793 of 2023, F.I.R. dated 15.10.2023 registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

3. Allegation against the petitioner is that he has committed murder of his wife and tried to disappear the evidence of murder.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.57224 of 2024(3) dt.25-09-2024 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and except suspicion, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the postmortem report it appears that the victim was pregnant which suggests that the pregnant cannot commit suicide herself.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 154 of 2024 arising out of Sabour Goradih P.S. Case No. 567 of 2023, G.R. No. 5793 of 2023 pending in the Court of learned Additional District & Sessions Judge-X, Bhagalpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T