High Court Patna High Court - Orders

Shyam Kumar Das @ Shyam Das vs The State Of Bihar on 27 September, 2011

Patna High Court – Orders
Shyam Kumar Das @ Shyam Das vs The State Of Bihar on 27 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.25570 of 2011
                     Shyam Kumar Das @ Shyam Das, S/O-Late Puso Das
                                            Versus
                                     The State Of Bihar
                                          -----------

03 27.09.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is in jail custody since 30.03.2011 in a case

registered under Sections 302, 376, 364, 366, 201/34 of the Indian

Penal Code.

Allegedly, petitioner played a role of mediator in

solemnization of marriage of the deceased and it is stated that on

22.03.2011, he along with other accused took the deceased to her

matrimonial home but subsequently, on 23.03.2011, the deceased

was killed.

In course of investigation petitioner and his brother,

namely, Dhananjay Das were arrested and the aforesaid Dhananjay

Das confessed his guilt disclosing this fact that he had illicit

relationship with the deceased and when deceased became

pregnant, he committed her murder and threw her dead body with

the help of this petitioner. So, even if, the aforesaid confessional

statement of co-accused Dhananjay Das assumed to be true, then

also, only Section 201 of the Indian Penal Code is applicable

against the petitioner.

Considering the aforesaid facts and circumstances as

well as submissions of the parties, let the petitioner be released on

bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
2

two sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Darbhanga in connection with Hayaghat P.S.

Case No. 31 of 2011.

SHAHZAD                              ( Hemant Kumar Srivastava, J.)