Shyam Shankar Das vs The State Of Bihar
2021 Latest Caselaw 600 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32201 of 2020
       Arising Out of PS Case No.-318 Year-2019 Thana- BISFI District- Madhubani
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Shyam Shankar Das (Male), aged about......, years, Son of Chhedi Das, resident of Village-Subgguta Gate, PS Bisfi, District-Madhubani.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the State : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ratanakar Jha, learned counsel for the

petitioner and Mr. Mritunjay Kumar Nirala, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner is in custody in connection with Bisfi

PS Case No. 318 of 2019 dated 19.10.2019, instituted under

Sections 304B/34 of the Indian Penal Code.

4. The allegation against the petitioner, who is the

husband of the deceased, is of killing her.

5. Learned counsel for the petitioner submitted that at

the relevant point of time he was working in Delhi and was not Patna High Court CR. MISC. No.32201 of 2020 dt.03-02-2021

even present at his house. It was further submitted that the death

occurred due to hanging and the deceased had committed suicide

and there was no role of any other person in killing her. Learned

counsel submitted that even the postmortem report indicates that

there is only ligature mark on the neck and no other injury has

been found on the body. Learned counsel submitted that the

petitioner is in custody since 20.10.2019. It was submitted that the

mother-in-law of the deceased i.e., the mother of the petitioner,

has been granted bail by a co-ordinate Bench on 02.03.2020 in Cr.

Misc. No. 10471 of 2020. It was submitted that there is no witness

to the crime and only on suspicion, the case has been filed.

Learned counsel submitted that no injury has been found on any

part of the body of the deceased which clearly indicates that she

was not killed otherwise there would have been marks and there is

only mark of hanging which shows that she had committed

suicide.

6. Learned APP, from the case diary, submitted that

there is allegation of demand of dowry and torture and the reason

for death is asphyxia caused by hanging. However, he did not

controvert that no injury mark was found on any other part of the

body of the deceased.

Patna High Court CR. MISC. No.32201 of 2020 dt.03-02-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional Chief

Judicial Magistrate, Madhubani in Bisfi PS Case No. 318 of 2019

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, and (ii) that the petitioner shall cooperate

in the case. Failure to cooperate shall lead to cancellation of his

bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T