Radhe Shyam Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46112 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Radhe Shyam Mali son of Late Basudeo Mali, resident of village-Mali Tola, Ekangarsarai, Police Station-Ekangarsarai, District-Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dharmesh Kumar, Advocate For the Opposite Party : Mr. Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-10-2016 Heard.

Petitioner happens to be the father-in-law of the deceased and is languishing in jail custody since 05.02.2016 in a case registered under Sections 304B/34 of the IPC. No doubt, deceased died in other than normal circumstances and her dead body was found in the house of the petitioner but the First Information Report does not disclose either the date or year of marriage and even then the concerned Officer-in-Charge lodged the case under Section 304B of the IPC. The aforesaid facts go to show that the concerned officer does not have even basic knowledge of the law. However, the mother-in-law and Dewar of the deceased have already been granted bail by a coordinate Bench of this Curt vide order dated 21.07.2016 passed in

Patna High Court Cr.Misc. No.46112 of 2016 (2) dt.21-10-2016 2/2 Cr.Misc.No.22335 of 2016.

Considering the aforesaid facts and circumstances, the above named petitioner is directed to 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 Ist Additional Sessions Judge, Hilsa (Nalanda) in connection with Sessions Trial No.423 of 2016 arising out of Ekangarsarai P.S.Case No.16 of 2016.

(Hemant Kumar Srivastava, J) B.Kr./- U T