Hriday Das @ Hridya Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20272 of 2015 Arising Out of PS.Case No. -74 Year- 2009 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ====================================================== Hriday Das @ Hridya Kumar Das, S/o Late Chandan Das, R/o Village - Sadik Kumar, P.S. Suti, District Murshidabad, West Bengal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Singheshwar P.S. Case No.74 of 2009 registered under Sections 406, 369, 302 and 109 of the Indian Penal Code. The allegation of the complainant/informant is that all the accused persons including the petitioner, who were doing the job in Biscuit Factory and were known to her, approached her to permit her son, Chiranjiv Das to go with them to work in the Biscuit Factory and she given permission in this regard. On 28.04.2009, co-accused, Chhotan Das informed the complainant/informant on phone that her son, Chiranjiv Das, died
Patna High Court Cr.Misc. No.20272 of 2015 (3) dt.16-09-2015 2/3 in the hospital due to accident and asked her to come immediately. Thereafter, the complainant/informant alongwith her another son, Abhishek went to the hospital and brought the dead body of Chiranjiv Das to her home. Several injuries were found on the dead body of Chiranjiv Das. The informant raised suspicion that her son has been murdered by the accused persons including the petitioner. While she approached the police to lodge an F.I.R. but the police did not take the cognizance and when she came to her home, she found that the co-accused, Chhotan Das with the help of other members of the deceased buried the dead body of the deceased without any rites and rituals.
Learned counsel appearing on behalf of the petitioner submits that in course of investigation, it has come that Chiranjiv Das died by consuming poison as Chhotan Das had refused to marry his sister with Chiranjiv Das. The witnesses have only stated about hatching conspiracy by the petitioner with the coaccused, Chhotan Das. It is further submitted that while the occurrence took place on 16.04.2009, the complainant filed the Complaint Case No. 184 of 2009 on 11.06.2009, on the basis of which the present F.I.R. was lodged. The petitioner having no criminal antecedent is in custody since 05.02.2015. Having regard to the facts and the circumstances of the
Patna High Court Cr.Misc. No.20272 of 2015 (3) dt.16-09-2015 3/3 case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Singheshwar P.S. Case No.74 of 2009. (Rajendra Kumar Mishra, J) P.S./- U T