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Patna High CourtCR. MISC./26576/2023allowed

Raju Murmu @ Munshi Murmu @ Mushi Mum v. The State Of Bihar

2023-05-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26576 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- GALGALIYA District- Kishanganj ====================================================== Raju Murmu @ Munshi Murmu @ Mushi Mum Son Of Lakhi Ram Murmu Resident Of Pathariya, Police Statiion - Galgalia, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 05.02.2022, husband of the informant Chhote Lal Murmu went to market to buy groceries and did not return till late night. In the morning, co-accused Chhote Lal Hansda along with her wife came to the informant's house to deliver vegetables and upon her query about her husband, they replied that her husband had left the

Patna High Court CR. MISC. No.26576 of 2023(2) dt.24-05-2023 2/3 vegetables at their house yesterday. When informant's husband did not come back even after 3-4 days, the informant along with her relatives started searching him and on 09.02.2022, she found the dead body of her husband near Chenga river lying on the ground. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not eye witness to the occurrence. There is general and omnibus allegation against the petitioner. The deceased died due to drowning in the river. The petitioner has been made accused in this case only on the basis of suspicion. The petitioner is languishing in custody since 04.05.2022. Moreover, other co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 13.01.2023 passed in Cr. Misc. No. 30592 of 2022. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.26576 of 2023(2) dt.24-05-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Kishanganj in connection with Sessions Trial No. 115 of 2022, arising out of Galgalia P.S. Case No. 09 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T