Motilal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22281 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -ADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Motilal Bind, son of Ramanand Bind, resident of Bathana, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2017 Heard both sides.

The petitioner seeks bail in Adapur P.S. case No. 163 of 2016 under Section 302, 120B, 34 of the Indian Penal Code. The informant alleged that his daughter was living in her in-laws house but he got information that his daughter was killed by her in-laws and the petitioner. The informant alleged that petitioner has got enmity with him and that is why petitioner got the daughter of the informant killed by her husband and other inlaws. The dead body was found in a paddy field wrapped in a mat. The learned counsel for the petitioner submits that during the course of investigation it has come that petitioner had love affairs with the deceased but the deceased was living in her

Patna High Court Cr.Misc. No.22281 of 2017 (3) dt.30-06-2017 2/2 in-laws house and petitioner has no excess to the house. There is no other material to connect the petitioner in the killing of deceased.

On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor opposed the prayer for bail and submitted that villagers caught the petitioner, while he was fleeing away, and handed over him to the police but from perusal of the records, it appears that none had seen the occurrence. Daughter of the informant died in her in-laws house and her dead body was thrown in a paddy field. Nobody has seen the petitioner going to the in-laws house of the deceased. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Raxaul, East Champaran in Adapur P.S. Case No. 163 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T