Shree Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12692 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
Shree Mallik S/o Late Basudev Mallik R/o village- Khandpar, P.S.- Suryagarha, District- Lakhisarai 2.
Ashok Mallik S/o Shree Mallik R/o village- Khandpar, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar, Advocate Mr. Mayank Bilochan, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2020 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Suryagarha (Manikpur) P.S. Case No.90 of 2019, registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.
The son of the deceased has lodged an FIR stating therein when a dead body of his mother in composed condition was recovered from an orchard. It has been stated that his mother was traceless for many days and the informant identified his mother. During investigation, it transpired that the deceased had illicit relationship with one Dilip Mallick and this informant
Patna High Court CR. MISC. No.12692 of 2020(3) dt.11-12-2020 2/2 has been arrested, who disclosed this fact and entire family has been named in this case to be involved in such honour killing. It is a case of honour killing as when the lady was traceless then the family members should have rushed to lodge a case but they have killed.
Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail is rejected. However, if the petitioners surrender before the Court below within six weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T