Munshi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31079 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -AGIAUN District- BHOJPUR ====================================================== Munshi Singh, Son of Late Mundrika Singh, resident of village - Kharmicha, P.S. Agiaon ( Garhani ), District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar, Advocate For the Opposite Party/s : Mr. A.Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be father-in-law of the deceased and is languishing in jail custody since 06.05.2015 in a case registered under Section 498A, 302 and 201/34 of the Indian Penal Code.

The marriage of deceased with son of the petitioner had taken place in the year 2004 and according to prosecution case, the deceased died in the year 2014 i.e. after 10 years of the marriage.

Although, it is alleged in the First Information Report that deceased was subjected to cruelty by her in-laws due to nonfulfillment of illegal demand and lastly she was burnt to death and

Patna High Court Cr.Misc. No.31079 of 2015 (7) dt.14-12-2015 2/2 the aforesaid fact has been supported by the witnesses in course of investigation but not a single prosecution witness claimed to have seen the actual killing of the deceased. Moreover, the dead body of the deceased had already been disposed of and after investigation of the present case, the informant gave a written petition before the court below mentioning therein that he lodged the present case under misconception.

Learned counsel for petitioner points out that taking note of the aforesaid petition, a co-ordinate Bench of this Court has already granted privilege of anticipatory bail to co-accused Indra Paro Devi who happens to be the mother-in-law of the deceased.

Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Agiaon (Garahani) Police Station Case No. 115 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur,Ara.

(Hemant Kumar Srivastava, J) Vats/- U T