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Patna High CourtCR. MISC./5264/2024bail granted

Pankaj Das @Pankaj Kumar Das v. The State Of Bihar

2024-03-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5264 of 2024 Arising Out of PS. Case No.-765 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Pankaj Das @Pankaj Kumar Das S/o - Sahdeo Das R/O- Village, Chamardih, P.S. Gaurichak, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail registered in connection with Gaurichak PS Case No. 765/2022 for the offence under Sections 304(B)/34 of the IPC

3. As per the prosecution case, the grand daughter of the informant has been murdered for the sake of dowry.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case only on the basis of suspicion. He next submits that the deceased herself had committed suicide locking her door from inside the room. It is further submitted that the postmortem report of the deceased shows that the death is due to asphyxia as a result of hanging. Petitioner having no criminal antecedent is in custody since 20.11.2022.

Patna High Court CR. MISC. No.5264 of 2024(4) dt.27-03-2024 2/2

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. After having perused the FIR, the case diary and considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Gaurichak PS Case No. 765/2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Judge, VI-cum-ACJM, VI, Patna City.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to be present physically on each and every required date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) perwez U T