Dinesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8198 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Dinesh Das, Son of Late Parmeshwari Das, Resident of village - Kabiyahi, Police Station Shankarpur, District - Madhepura. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 07-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Chhatapur P.S. Case No.26 of 2016/G.R. No.147 of 2016 registered under Sections 302 and 201/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, an unknown dead body was identified by Manju Devi as of her brother-in-law Mantosh Yadav, and she also disclosed in her statement, as detailed in paragraph-24 of the case diary, that Mantosh Yadav was taken by Vivek Yadav on 22.01.2016 and, thereafter, her brother-in-law Mantosh Yadav did

Patna High Court Cr.Misc. No.8198 of 2017 (3) dt.07-04-2017 2/3 not return. Again, Sobhni Devi, another sister-in-law of the deceased Mantosh Yadav, gave her statement, as detailed in paragraph-58 of the case diary, to the effect that her brother-in-law was taken by Vivek and Sanjit, the son of the petitioner and she also stated that since the deceased Mantosh Yadav was tutor and used to teach the sister of Sanjit, in that course, both fell in love, due to that reason, Sanjit, his father (petitioner) and his brother had given threatening to the deceased. Except the suspicion raised by Shobhni Devi, one of the sisters-in-law of the deceased Mantosh Yadav, there is nothing to show the involvement of the petitioner in the present case. The petitioner is in custody since 03.01.2017.

Further submission is that while the petitioner is accused in one more case, as detailed in paragraph-3 to this application, but in that case, the petitioner is on bail. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Supaul, in connection with Chhatapur P.S. Case No.26 of 2016/G.R. No.147 of 2016.

Patna High Court Cr.Misc. No.8198 of 2017 (3) dt.07-04-2017 3/3 he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T