Sudhir Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29373 of 2018 Arising Out of PS. Case No.-132 Year-2017 Thana- MAHESHKHUNT District- Khagaria ====================================================== Sudhir Thakur, son of Late Fakir Thakur, Resident of Village- Samaspur, P.S.- Maheshkhunt, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 132 of 2017 registered for the offences punishable under Section 302,201/34 of the Indian Penal Code.

Allegedly, Kiran Devi, the sister of the informant, married to co-accused Sanjeev Muni 15 years ago, was blessed with two daughters aged 8 year and 5 years, but she was being tortured by her husband and co-accused Gayatri Devi and ultimately killed her and kept the dead body on railway track and thereafter, threw the dead body

Patna High Court Cr.Misc. No.29373 of 2018(2) dt.18-05-2018 2/3 after keeping in gunny bag in the river Ganges. Allegations against the petitioner is that he and two other accused have thrown the dead body in the river Ganges.

Submission is of false implication and that there is no eye-witness of the occurrence and only on suspicion the petitioner has been implicated in this case, there is no legal and cogent material against the petitioner, other co-accused Gayatri Devi, Mamta Devi and Ram Chandra Chaudhary have been allowed bail vide Cri. Misc. No. 16633 of 2018 vide Annexure-2 and, as such, the petitioner deserves sympathetic consideration. The petitioner is in custody since 01.11.2017. Learned A.P.P. fairly submits that other co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - III, Khagaria

Patna High Court Cr.Misc. No.29373 of 2018(2) dt.18-05-2018 3/3 in connection with Maheshkhunt P.S. Case No. 132 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T