Pappu Das @ Pappu Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78870 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Pappu Das @ Pappu Kumar Das son of Late Laxman Das village- Basatwara Dih tola, Ps- Simri, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar, Adv For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Simri P.S. Case No. 162 of 2023 registered for the offences under Sections 304 B and 34 of the Indian Penal Code.
3. The petitioner is named in the F.I.R. and is in custody since 21.06.2024.
4. The allegation against the petitioner is to cause death of daughter of informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 50,000/- and also for some gold.
5. As per FIR the marriage of petitioner with
Patna High Court CR. MISC. No.78870 of 2024(3) dt.21-02-2025 2/3 deceased daughter of informant was solemnized on 26.04.2021. Learned counsel appearing on behalf of the petitioner submitted that from the face of FIR it nowhere appears that the demand of dowry was raised soon before the occurrence. It is submitted that this fact also not appears during the course of investigation which is now completed. It is submitted that in absence of such demand no case as alleged made out for the offence committed under Section 304B of the IPC. It is also submitted that the wife of petitioner was a short tempered lady and due to domestic differences, she committed suicide. It is submitted that it is not a case of physical assault soon before the occurrence and this fact appears corroborating with the autopsy report as except ligature mark around the neck no mark of injury was noticed upon body of the deceased. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
Patna High Court CR. MISC. No.78870 of 2024(3) dt.21-02-2025 3/3
7. In view of aforesaid facts and circumstances as mentioned above and by taking note of fact as demand of dowry prima-facie not appears proximate qua occurrence from the face of FIR, where autopsy report failed to suggest any physical assault, suggesting prima-facie that victim was not assaulted physically at the time of occurrence, where cause of death as opined is hanging, coupled with the fact as petitioner is in custody since 21.06.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Simri P.S. Case No. 162 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T