Munshi Hansda v. The State Of Bihar

Patna High Court Cr.Misc. No.32398 of 2017 (3) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32398 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -FALKAHA District- KATIHAR ======================================================

1. Munshi Hansda, S/o Patawari Hansda, Resident of village- Ganeshpur, P.S.- K. Nagar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 The petitioner seeks regular bail in connection with Falka P.S. Case No. 86 of 2017, registered for offences punishable under Section 302 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the informant.

It has been submitted on behalf of the petitioner that there is no eye-witness of the alleged occurrence and during the course of investigation also, no witness has come forward and he has falsely been implicated in this case and his prayer for bail by rejected by the court below only on the ground of his extra judicial confession as he has confessed that he killed the deceased by strangulating her, however, the post mortem report clearly shows that the death of the deceased was caused due to drowning. Further petitioner has been in judicial custody for last three months.

Heard learned A.P.P. also.

Having heard both sides, n view of the facts as stated

Patna High Court Cr.Misc. No.32398 of 2017 (3) dt.28-07-2017 above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Katihar, in connection with Falka P.S. Case No. 86 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T