Monu Husain @ Monu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49199 of 2014 Arising Out of PS.Case No. -347 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================
1. Monu Husain @ Monu Son of Anwar Hussain Resident of village - Dakshin Tola, Siwan Police Station - Siwan Town, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2015 The I.A. No. 180 of 2015 has been filed for the matter being being taken up out of turn on the ground of illness of the petitioner as the Medical Board has referred the petitioner to PMCH on 16.01.2015 but the Jail Authority has not sent the petitioner to PMCH.
Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 22.08.2014 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
It is alleged that the while the informant was taking meal along with his wife Jarina Khatoon, accused Golu@ Ahshan along with Salman @ Labgra took the wife of the informant Jarina Khatoon who were subsequently accompanied by Sonu and
Patna High Court Cr.Misc. No.49199 of 2014 (2) dt.09-02-2015 2/3 Madhav and thereafter, the wife of the informant went traceless. Subsequently, the dead body of the wife of the informant was recovered from the room of Muni Madam. The name of the petitioner sprang up on the confession of co-accused Gulu @ Ahshan who suggested that the name of the petitioner is Sonu @ Monu. The confessional statements of Golu and other co-accused Madhwa reflect that this petitioner along with Madhav killed the victim.
It is submitted by learned Senior Counsel for the petitioner that except confessional statement of Golu and Madhwa before the informant and police, there is nothing against the petitioner when similarly situated co-accused Salman and Madhwa whose name also surfaced on the confession of co-accused, have been granted bail by this Court vide Cr. Misc. No. 3331 of 2015. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the fact that name of the petitioners sprang up on the confession of co-accused and similarly situated coaccused has been granted bail, let the above named petitioner, be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in
Patna High Court Cr.Misc. No.49199 of 2014 (2) dt.09-02-2015 3/3 connection with Siwan Town P.S. Case No. 347 of 2014. (Dinesh Kumar Singh, J) Amrendra/- U T