IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36268 of 2011
Dhananjay Das @ Bechan Das S/O Pusho Das @ Kusheshwar Das R/O Vill.- Hathauri, P.S.-
Hayaghat, Distt.- Darbhanga ............. Petitioner.
Versus
The State of Bihar ........... Opposite Party.
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02/ 16.11.2011 Supplementary affidavit has been filed on behalf of
the petitioner.
Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since
31.05..2011 in a case registered under Sections 364, 366, 376, 302,
201/34 of the Indian Penal Code.
It is alleged against the petitioner that he along with
Shyam Das and Sheo Shankar Das mediated the marriage of the
informant’s sister with Ranjeet Kumar. It is also alleged by the
informant that the villagers conveyed that Arbind Poddar, this
petitioner and one Ramanand Poddar and Sheo Shankar Das
committed rape with the victim and disposed of the dead body.
Subsequently the police also recorded confession of this petitioner.
It is submitted by the learned counsel for the petitioner
that the post-mortem report reflects no external injury and in the
opinion of the doctor victim died due to asphyxia. The thrust of
accusation is against the husband and accordingly, confession before
the police is not admissible. Though, the post-mortem report reflects
that due to the decomposition of the dead body the accurate opinion
could not be given but no trace has been found with regard to the
offence of forceful physical relationship with the victim.
Considering the fact that there appears to be no eye
witness to the occurrence, let the petitioner namely Dhananjay Das
@ Bechan Das, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with 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.
( Dinesh Kumar Singh, J.)
DKS/