The Patna High Court granted bail to Deepak Das, an accused in a Section 304(B) IPC case involving drowning of his wife, after nearly three years of custody. The trial was found delayed beyond the nine-month period without petitioner's fault.
Petitioner released on bail on Rs. 10,000 with two sureties subject to conditions of cooperation and no tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50761 of 2023
Arising Out of PS. Case No.-80 Year-2020 Thana- MANSURCHAK District- Begusarai
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DEEPAK DAS Son of Ramanand Das Resident of village - Raghopur, ward no. 10, P.S. - Bibhutipur, Distt. - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikram Anurag Mr. Abhijeet Abhigyan Mr. Sudhir Kumar Pandey Mr. Sandeep Kumar For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
4 25-08-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.50761 of 2023(4) dt.25-08-2023 2/4
27.10.2020. He further submits that total period of custody undergone by the petitioner is near about two years and ten months. Petitioner bears no criminal antecedent. Learned counsel further submits that petitioner is husband of the deceased. He further submits that at para 17 of the case diary, petitioner has never tortured the victim. As per post mortem report no bodily injury is found upon the deceased except ligature mark found. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. He further submits that on 12.09.2022 the bail of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 5442 of 2022 with an observation that if the trial is not concluded within a period of nine months from the date of receipt/production of copy of order, petitioner may renew his prayer for bail .Learned counsel further submits through supplementary affidavit that though the trial is on evidence, not a single witness has been examined yet and the delay of trial is also not attributable to the present petitioner.
Patna High Court CR. MISC. No.50761 of 2023(4) dt.25-08-2023 3/4
observed that if the trial is not concluded preferably within nine months, the petitioner may renew his prayer for bail.
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
Patna High Court CR. MISC. No.50761 of 2023(4) dt.25-08-2023 4/4
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
vashudha/-
U T
1 issue framed by the court
Whether the petitioner, suffering near two years and ten months of custody in a matrimonial murder case where the trial is delayed beyond nine months without his fault, should be released on bail.
1 provisions across 1 enactments
Deepak Das
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
