Gulab Mohali @ Gulab Soren @ Gulab Mohni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13007 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- PRANPUR District- Katihar ====================================================== 1.

Gulab Mohali @ Gulab Soren @ Gulab Mohni, S/o Sobha Soren Resident of Village- Shah Nagar Santhali Tola, P.S.- Pranpur (Rosna O.P.), DistrictKatihar. 2.

Satish Singh @ Satish S/o Tulsi Singh Resident of Village- Mahara Para (Bharapara), P.S.- Harish Chandrapur, District- Maldha (West Bengal). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners seek bail in connection with Pranpur P.S. Case No. 115 of 2019, registered under Sections 302 and 120(B) of the Indian Penal Code.

The accusation is that on 29.05.2019 in between 10-11 A.M., Gulab Mohali (Petitioner No.1), Satish Singh (Petitioner No.2), Chandan Parihar and his wife Kaliya Devi came at the door of informant Deepmala Devi and accompanied her husband Sanjay Parihar, while at that time her daughter Sabita, aged about 14 years, made protest, but they took away to her husband. When her husband did not

Patna High Court CR. MISC. No.13007 of 2020(4) dt.01-09-2020 2/3 return till late evening, then she along with her other family members tried to search her husband, but no trace was found. In the night, at about 2-3 A.M., she received information on mobile about murder of her husband Sanjay Parihar then she along with her villagers went at village-Khushhalpur and saw the dead body of her husband at the varandah of Chandan Parihar.

Learned counsel appearing for the petitioners submits that it would appear from the F.I.R. that informant is not the eye witness of accompanying her husband with the petitioners and other accused and in course of investigation, none has claimed to see the occurrence of murder of her husband. Further submission is that it would appear from inquest report that dead body of her husband was found at the varandah of co-accused Chandan Parihar, but Gulab Mohali (Petitioner No.1) being the co-villager and Satish Singh (Petitioner No.2) being the friend of Chandan Parihar have falsely been implicated in this case. Further submission is that both the petitioners have no criminal antecedent and they are in custody since 07.01.2020 and 12.12.2019, respectively. Further submission is that on investigation the Police has already submitted Chargesheet.

Patna High Court CR. MISC. No.13007 of 2020(4) dt.01-09-2020 3/3 Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-Ist Katihar in connection with Pranpur P.S. Case No. 115 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T