Jai Mangal Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13087 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -BANDIYA District- AURANGABAD ======================================================

1. Jai Mangal Bind S/o Late Bipat Bind

2. Urmila Devi W/o Jai Mangal Bind.

Both R/o Village- Jhikatia, P.S- Bandeya, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 18-05-2015 Heard learned counsels for the petitioner2 and the State.

The petitioners being the parents of the victim are languishing in custody since 05.02.2015 in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

It is alleged that the Chaukidar while crossing the house of the petitioners came to know through the villagers that the petitioners being the parents of the victim killed her since she was found in objectionable condition with Chandan Raj, who managed to escape from the scene.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.13087 of 2015 (04) dt.18-05-2015 2/2 petitioner that the entire investigation is based on the circumstantial evidence as there is nothing to suggest that the petitioners killed the victim as till date dead body has not been recovered and the petitioners claimed that the victim eloped with Chandan Raj. The investigation has already concluded. The learned APP after going through the case diary submits that the witnesses have suggested that the petitioners have killed the victim since they saw the victim in objectionable condition with Chandan Raj but there is nothing on record to suggest that the investigating agency made any endeavour to locate the dead body or the place where the victim was cremated.

Considering the circumstantial nature of accusation and the investigation being concluded, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Daudnagar, Aurangabad in connection with Bandeya P.S. Case No. 43 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T