Dilip Malakar @ Dilip Mlakar @ Dilip Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53370 of 2015 Arising Out of PS.Case No. -65 Year- 2013 Thana -PARSABAZAR District- PATNA ====================================================== DILIP MALAKAR @ DILIP MLAKAR @ DILIP BHAGAT SON OF LATE GANESH BHAGAT, RESIDENT OF VILLAGE- KURTHAUL DARIYAPUR, P.S. PARSA BAZAR, DISTRICT- PATNA. .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:
For the Petitioner/s : Mr. Gouranga Chatterjee, Adv. For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-02-2016 Supplementary affidavit has been filed on behalf of petitioner, taken on record.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
At an earlier occasion prayer for bail of petitioner was rejected vide order dated 09.02.2015 passed in connection with Cr. Misc. No.4798 of 2015.
From the case diary, it is evident that as the petitioner was apprehended during course of investigation on 25.11.2014 (para-44), as such, charge sheet was submitted against him under Section 372/34 of the IPC keeping the investigation pending against co-accused Nagendra Pandit and his wife Soni Devi @ Disco Devi. From Annexure-4 of supplementary affidavit, statement of alleged victim Dolly Kumari, it is evident that she had gone to Delhi along with Debar of her sister Kaushalaya Devi at the time of delivery of Kaushalaya Devi and while she was staying there, she developed intimacy with one Mukesh Chauhan with whom she
Patna High Court Cr.Misc. No.53370 of 2015 (3) dt.15-02-2016 married and was leading happy marital life out of which she had begotten a child aged about one year. She on her own shown as 23 years controverting the allegation so put by the informant, her mother with regard to her disappearance at the instance of her neighbour Nagendra Pandit, his wife Soni Devi in collusion with the petitioner, Dilip Malakar. That being so, petitioner Dilip Malakar @ Dilip Mlakar @ Dilip Bhagat is directed to 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 learned VIIIth Additional Sessions Judge, Patna in connection with Sessions Trial No.123 of 2015 arising out of Parsa Bazar P.S. Case No.65 of 2013.
(Aditya Kumar Trivedi, J.) PN/- U T