Nageshwar Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16583 of 2021 Arising Out of PS. Case No.-223 Year-2015 Thana- NAUBATPUR District- Patna ====================================================== 1.

NAGESHWAR MOCHI, Son of Late Jagdev Mochi Resident of Village - Sherpura, P.S.- Dulhin Bazar, District - Patna. 2.

Parmila Devi, Wife of Nageshwar Mochi Resident of Village - Sherpura, P.S.- Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2022 Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Naubatpur P. S. Case No. 223 of 2015, instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that in the first instance, the informant was told about a dead body lying in a field. On this information, he went to the field and found the dead

Patna High Court CR. MISC. No.16583 of 2021(2) dt.10-01-2022 2/3 body of a woman. Consequently, the subject FIR was registered against unknown.

Initially, two persons were made accused in this case, namely the husband of the deceased and his younger brother. Later the petitioners also have been roped in this case.

It has been submitted on behalf of the petitioners that the marriage of the deceased with her husband was not liked by her family members because the husband of the deceased was a person of low caste whereas the girl was of a high caste. The possibility of the deceased having been killed by her family members only cannot be ruled out.

Considering this aspect of the matter, the husband of the deceased and his brother were granted regular bail by different Benches of this Court. The petitioners are the parents of the husband of the deceased.

From the background facts, it appears that

Patna High Court CR. MISC. No.16583 of 2021(2) dt.10-01-2022 3/3 because they are the parents of the husband of the deceased, they too have been made accused in this case.

There is no accusation against them of any kind whatsoever.

Regard being had to the afore-stated facts, the petitioners, above-named, in the event of their arrest or surrender before the court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- II, Danapur, Patna in connection with Naubatpur P. S. Case No. 223 of 2015, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T