Rampukar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73369 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Rampukar Das S/O Sudama Das Resident of Village- Adia, post -Badaharwa kala P.S- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shatrughna Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kotwa P.S. Case No. 68 of 2024 registered for the alleged offences under Sections 302/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other co-accused persons strangulated the sister of the informant to death. The petitioner is stated to be the husband of the deceased.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The whole prosecution story is false and fabricated. The marriage took place 29 years back as is evident from the FIR and no offence under Section 302 of IPC is made out against the

Patna High Court CR. MISC. No.73369 of 2024(3) dt.18-01-2025 2/3 petitioner, who was not even present in the house on the date of occurrence as he had been working in Rohtak Haryana. Learned counsel further submits the wife of the petitioner committed suicide by hanging herself with a rope and this fact is apparent from the FIR. The informant has even made the sons of the deceased and the petitioner accused in the present case. No motive has given for the occurrence. Learned counsel further submits that the petitioner is in custody since 01.07.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, East Champaran at Motihari in connection with Kotwa P.S. Case No. 68 of 2024, subject to the conditions

Patna High Court CR. MISC. No.73369 of 2024(3) dt.18-01-2025 3/3 mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T