Keshav Kumar Das @ Papai @ Papai Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77312 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- ANGARH District- Purnia ====================================================== Keshav Kumar Das @ Papai @ Papai Das S/o Late Arun Kumar Das Resident of village - Kanzia, P.S. - Angarh, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate Mr. Pratik Kumar, Advocate For the State :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-10-2024 Heard Ld. Counsel for the Petitioner and Ld. APP for the State.
2. The present petition has been filed for regular bail in connection with Angarh P.S. Case No. 05 of 2024 dated 10.02.2024, registered for the offences punishable under Section 304-B read with Section 34 of the Indian Penal Code.
3. As per the allegation, the petitioner along with coaccused has committed dowry death of his wife.
4. Ld. counsel for the Petitioner submits that the Petitioner has falsely been implicated in this case. He further submits that at the time of alleged occurrence, the petitioner was not at home. He further submits that the petitioner's wife was
Patna High Court CR. MISC. No.77312 of 2024(2) dt.25-10-2024 2/3 not strangulated, but she has committed suicide. There are no local witnesses of the village. All the prosecution witnesses are family members of the deceased. He further submits that the petitioner is in custody since 17.02.2024.
5. Ld. Counsel for the Petitioner further submits that the co-accused persons have already been granted anticipatory bail by this Court vide orders dated 22.05.2024 and 28.06.2024 passed in Cr. Misc. Nos. 32080 of 2024 and 46847 of 2024 respectively.
6. It is stated in Para No. 3 of the bail petition that the Petitioner has got no criminal antecedent.
7. Ld. APP for the State opposes the prayer of the petitioner for bail submitting that the alleged occurrence is serious in nature and as per the medical evidence, the deceased has been strangulated to death within seven years of marriage and the petitioner is husband of the deceased.
8. Considering the fact that the deceased has died on account of strangulation as per the medical evidence within 7 years of marriage, I am not persuaded to enlarge the petitioner on bail.
9. Accordingly, the prayer of the petitioner for bail is hereby rejected.
Patna High Court CR. MISC. No.77312 of 2024(2) dt.25-10-2024 3/3
10. However, learned Trial Court is directed to expedite the Trial as far as possible.
(Jitendra Kumar, J) shoaib/- U T