Anrudh Das v. The State Of Bihar

Patna High Court Cr.Misc. No.14768 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14768 of 2016 Arising Out of PS.Case No. -398 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Anrudh Das Son of Late Fudeo @ Fudo Das, Resident of villageParbatta, P.S.- Parbatta, District- Khagaria.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Parbatta P.S. Case No.398 of 2015 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Khushboo Kumari the daughter of the informant was married to Birbal Das five years ago and allegedly, Birbal Das and the petitioner used to assault and abuse her to fulfill the demand of Rs. 1,00,000/- otherwise to kill her. However, the informant and his relative came and gave Rs. 60,000/-. Five months ago out of the wedlock a son was born but the petitioner informed the informant that his daughter died and disconnected the mobile. The informant, then came and asked about his daughter then the petitioner started abusing him and told him that she has been killed. Thereafter, the petitioner was caught and was being brought at Police Station but

Patna High Court Cr.Misc. No.14768 of 2016 (3) dt.18-05-2016 other co-accused started assaulting the informant and others. The dead body was taken away towards Bhuriya Kardhar. During investigation the dead body was recovered from a ditch full of water situated at Bhaiya Bahiyar, 1 and 1⁄2 kilometer away from the village, and her hands were found tied and on the neck also ligature mark which was found during post mortem examination also and cause of death has been noticed as asphyxia due to throttling.

Submission is of false implication and that the petitioner is Dewar, he has got no concern with the family affairs of the deceased and her husband and without any fault the petitioner is suffering in custody since 29.01.2016 to which learned APP seriously opposes by submitting that against the petitioner also there is specific allegation for demanding cash and for abusing and assaulting the deceased and further the petitioner has confessed his guilt before the informant. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, at present, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T