Rajesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58518 of 2015 Arising Out of PS.Case No. -144 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Rajesh Das S/O Aklu Das resident of Village- Sira, P.S. Dumra District Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 328 of the I.P.C Allegedly, the petitioner being the husband of Poonam Devi, the daughter of the informant, used to assault her resulting she was living in her Naihar and there the petitioner after administering poison killed her.

Submission is of false implication and that the wife of the petitioner was short tempered lady, she always wanted to live in her Naihar due to the reasons best known to her, the petitioner requested her to go to her in-laws house resulting there was some trivial dispute and when the petitioner came back from there she committed suicide by consuming poison herself and this fact has

Patna High Court Cr.Misc. No.58518 of 2015 (3) dt.16-03-2016 2/2 been stated by the independent witnesses during investigation vide paragraphs- 7, 9 and 18 of the case diary and after completing investigation charge sheet has been submitted under section 306 of the I.P.C.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband. In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Sitamarhi in Runnisaidpur P.S. Case No. 144 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T