Chandan Kumar Dinkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69883 of 2022 Arising Out of PS. Case No.-180 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== CHANDAN KUMAR DINKAR Son of Late Ram Pravesh Pandit R/o Nawada, P.S.- Phulwari Sharif, Dist- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

This is the third attempt of the petitioner to seek bail as earlier his bail application was rejected by order dated 22-12-2021 in Cr. Misc. No. 24185 of 2021. Learned counsel next submits that petitioner is in custody since 12.03.2020 and the charges have been framed against him on 24.09.2022, it is next submitted that purpose of arrest is not to punish but to ensure that investigation is not

Patna High Court CR. MISC. No.69883 of 2022(2) dt.14-12-2022 2/3 hampered, it is next submitted that allegations are in realm of allegations and are yet to be adjudicated in a duly constituted trial, it is also submitted that earlier his bail application was rejected on the ground that petitioner was the husband of the deceased and the dead body was found inside the house but then the marriage was of the year 2007 and the FIR was instituted in the year 2020 that is still 13 years, the marriage survived without any dispute. Learned counsel next submits that since charges have been framed, as such, petitioner will appear on each and every day to face the trial.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named 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 learned court below where the case is pending/successor court in

Patna High Court CR. MISC. No.69883 of 2022(2) dt.14-12-2022 3/3 connection with Phulwari Sharif P.S. Case No. 180 of 2020. Further, if the learned court below comes to a conclusion that after release the petitioner is trying to delay the trial or on two consecutive dates, the court below shall forthwith cancel his bail bonds and take all coercive steps to ensure that he is behind bars.

(Satyavrat Verma, J) GauravSinha/- U T