Tetar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.155 of 2017 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.155 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -SABAUR District- BHAGALPUR ====================================================== Tetar Mandal, son of Chamak Lal Mandal, resident of village- Khurd Dumariya, P.S.- Hanwara, District- Godda, Jharkhand. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sabour (Goradih) P.S. Case No. 46 of 2016 registered under Sections 302 and 201 of the Indian Penal Code.

The accusation is that on the basis of recovery of unknown female dead body, Sabour (Goradih) P.S. Case No. 46 of 2016 was instituted. Later on, in course of investigation, the dead body was identified by Janki Devi on the basis of clothes as her daughter, Kavita Devi, whose marriage was performed with this petitioner. She raised suspicion about committing the murder of her daughter by this petitioner as there was strained relation between the petitioner and her daughter.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.155 of 2017 (2) dt.12-01-2017 deceased, wife of the petitioner, was arrogant due to that reason she used to reside separate in her matrimonial house and she used to visit anywhere from the house frequently. Wife of the petitioner moved from house for entertaining the local fair but she did not return thereafter petitioner informed to his grand father-in-law at his Sasural about missing of his wife but with ulterior motive the present false case has been lodged. It is further submitted that petitioner is in custody since 27.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 46 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T