Vakil Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73210 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Vakil Das Son of Jai Kishun Das Resident of Village - Ramchandrapur Dashahara Balu Par, P.S. - Shahpur Patori (Mohanpur O.P.), District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suneil Kumar Thakur, Adv.
For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-10-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with S.T. No. 112/2024 arising out of Mohiuddin Nagar P.S. Case No.124 of 2023 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code lodged on 12.05.2023 by the informant, Nitish Kumar Das.
3. As per prosecution story, the informant, husband of the deceased alleged that the wife had gone to her parents' house but did not return and later, he came to know that she had been killed by them. Accordingly, the FIR.
4. In this case, one of the accused, Dharamveer Das (son of the petitioner) had earlier moved before this Court for anticipatory bail and after having gone through the FIR and the
Patna High Court CR. MISC. No.73210 of 2024(2) dt.04-10-2024 2/3 police investigation report, this Court had requested/directed the Superintendent of Police, Samastipur to look into the matter and investigate the role of the hospital in view of the fact that the father in his confessional statement had recorded that the victim girl was taken to the hospital, died, whereafter, he went out to have Rs. 30,000/- which the hospital people demanded for handing over the dead body of the daughter. As he failed to procure money, subsequently, the dead body was found in the bushes with acid thrown on it.
5. The Superintendent of Police, Samastipur, had acted in the matter, SIT was constituted, whereafter the role of the hospital management also came into picture. In that background, the son of the petitioner was granted anticipatory bail.
6. The facts have been recorded above only to show as to how a person becomes an accused, remains in custody for so long despite there being no fault of him. This takes the Court to only one conclusion that the petitioner is entitled to relief immediately. Accordingly, the prayer for bail of the petitioner stands allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
Patna High Court CR. MISC. No.73210 of 2024(2) dt.04-10-2024 3/3 two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-1st, Samastipur in connection with S.T. No. 112/2024 arising out of Mohiuddin Nagar P.S. Case No.124 of 2023.
(Rajiv Roy, J) perwez U T