Laxmi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65526 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Laxmi Das, Son of Late Ramlal Das, Resident of Village- Sonaul Subba, P.S.- Suppi, Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Siyaram Bhagat, Son of Late Laldhari Bhagat, Resident of Village- Sonaul Subba, Ward no. 11, P.S.- Suppi, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the State :

Mr. Anish Chandra, APP For the Informant :

Mr. Krishna Murari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner, Mr. Anish Chandra, learned APP for the State and Mr. Krishna Murari, learned counsel for the Informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302 and 201/34 of the I.P.C. and under Section 4 of the POCSO Act.

3. The case of the prosecution is that the daughter of the informant has gone to attend a dinner party. When she did not return for a considerable time she was being searched. The villagers told that a dead body was lying in the paddy fields. When the informant went there, he found that his daughter was lying dead there. The informant suspects that the

Patna High Court CR. MISC. No.65526 of 2024(6) dt.27-02-2025 2/3 petitioner has killed his daughter.

4. Learned counsel for the petitioner submits that the name of this petitioner has surfaced only on the basis that he had previously threatened to kill the daughter of the informant. During course of investigation none of the witnesses have seen the occurrence and cause of death is Asphyxia due to strangulation. One CDR has been annexed by the I.O. and in para-57 of the case diary the mobile number of the deceased is also there but in CDR there is no call from the mobile of petitioner on the mobile of deceased. It is not clear that for what purpose the CDR has been annexed by the I.O. There is no evidence to connect the petitioner with the offence. The petitioner is in custody since 28.06.2024.

5. Learned APP appearing for the State as well as learned counsel for the informant have opposed the prayer of regular bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Suppi P.S. Case no. 219 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.65526 of 2024(6) dt.27-02-2025 3/3 each to the satisfaction of learned Additional Sessions Judge VIcum-Special Judge POCSO Act, Sitamarhi.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T