Ajay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70947 of 2022 Arising Out of PS. Case No.-171 Year-2020 Thana- DEWARIA District- Muzaffarpur ====================================================== AJAY DAS Son of Ram Kishun Das R/v- Dumari Parmanandpur, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Deoria P.S. Case No. 171 of 2020, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per allegation, the marriage of the deceased was solemnized with the petitioner in the year 2014. The accused persons demanded a motorcycle in dowry due to non-fulfillment they committed her murder and disappeared her dead-body. Learned counsel for the petitioner has submitted that the co-accused Sanjay Das was put in trial in Sessions Trial No. 306 of 2021. The mother and the father (informant) of the deceased were examined as PW-1 and PW-2 in that sessions trial and they did not

Patna High Court CR. MISC. No.70947 of 2022(5) dt.04-05-2023 2/2 support the prosecution case. They have stated that the accused persons had cordial relation with their daughter. She died due to diarrhoea and vomiting.

On the other hand, the learned APP, Shri. J.N. Thakur as well as the learned counsel for the informant have opposed the prayer for bail and have submitted that the independent witness Pawan Kumar has supported the prosecution case in paragraph No. 23 of the case diary.

Considering the fact that the informant, his wife and other witnesses have declared hostile in sessions trial in which coaccused has faced trial, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 20th, Muzaffarpur in connection with Deoria P.S. Case No. 171 of 2020, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of the charges. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) SONALI/- U T