Jaleshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14507 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Jaleshwar Thakur S/O- Late Lakshman Thakur, R/o Vill.- Chadhua, P.S.- Kurhni, Dist.- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, who is the father-in-law of the deceased Rakhi Devi, apprehends arrest in connection with Kurhni (Turki O.P.) P.S. Case No. 459/15 for offences alleged under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the complainant/ informant, is that petitioner along with others killed the daughter of the complainant/ informant for demand of Rs. 2 lakhs and disposed of her dead body without giving information to him.

It has been submitted by the learned counsel for the petitioner that the date of occurrence alleged in the complaint/

Patna High Court Cr.Misc. No.14507 of 2016 (2) dt.28-04-2016 2/2 First Information Report is 23.10.2015 but the complaint case was lodged on 06.11.2015 after inordinate delay of about 14 days. He further submits that the petitioner is innocent and has falsely been implicated in the aforesaid case and is living separately from the husband and wife (deceased) and has no criminal antecedent, as is evident from paragraph 3 of this application. He further submits that now the parties have even entered into a compromise. However, learned APP for the State submits that the petitioner is named in the complaint/ First Information Report, hence, opposed the prayer for bail.

Be that as it may, since there was an inordinate delay in lodging the complaint case and the matter has been compromised, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur, in connection with Kurhni (Turki O.P.) P.S. Case No.459/15 , subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T