Siddhi Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46481 of 2014 Arising Out of PS.Case No. -193 Year- 2014 Thana -GHOSI District- JEHANABAD ====================================================== Siddhi Bind S/o Late Faudari Bind, R/o Village - Milkopar (Milki), P.S. - Ghosi, District - Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

04-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Ghosi P.S. Case No. 193 of 2014 dated 04.07.2014 instituted under Sections 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though he is named in the F.I.R. but only for the reason that he is the father-in-law of the deceased girl. It is submitted that the body of the girl was found at a distance from the house on the road side and the postmortem reveals that she was raped and then stabbed to death. It is further submitted that in any view of the matter it cannot be believed that the petitioner being the father-in-law would have committed rape and then killed his own daughter-in-law. Learned counsel submits that it has come during investigation that the girl was of weak mind

Patna High Court Cr.Misc. No.46481 of 2014 (3) dt.04-02-2015 2/2 and occasionally used to go out of the house. Learned counsel has also produced the certified copy of petition filed by the informant before the Court below in which he has stated that due to wrong information by the co-villagers, such allegation has been made in the F.I.R. and that the accused are innocent. Let the same be kept on record. It is further submitted that the son of the petitioner i.e., the husband of the victim is already in custody. Learned counsel submits that the petitioner is advanced in age and is in custody since 05.07.2014. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Ghosi P.S. Case No. 193 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar U T