Bhawilal Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27362 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== BHAWILAL PANDIT S/o Shibu Pandit Resident of Village-Jaraila, P.S.- Triveniganj, District-Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP For the Informant Mr. Nafisuzzoha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Triveniganj P.S. Case No. 242 of 2019 registered under sections 364 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently. As per allegation in the FIR, the informant received information on telephone from the husband of his sister that since last night the informant's sister was missing. On reaching her sasural, her whereabouts was not known. Subsequently, her dead body was recovered.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.27362 of 2020(3) dt.02-02-2021 2/3 that the petitioner happens to be the father-in-law of the deceased. As per the material that has transpired in course of investigation, the husband of the deceased is stated to have confessed of having assaulted the sister of the informant leading to her death. So far as the allegation against this petitioner is concerned, it is stated that he was having knowledge about the manner of death. There is no allegation of any overt act against this petitioner.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that all the accused persons including the petitioner herein jointly assaulted the sister of the informant leading to her death and made an attempt to hide the dead body. It is not a case for grant of anticipatory bail. Having heard learned counsel for the parties and taking into consideration the nature of allegation against this petitioner and grant of regular bail to the husband of the deceased who also happens to be the son of this petitioner vide order dated 15.12.2020 passed in Cr. Misc. no. 28161of 2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or
Patna High Court CR. MISC. No.27362 of 2020(3) dt.02-02-2021 3/3 surrender in connection with Triveniganj P.S. Case no. 242 of 2019, he will be enlarged 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 learned Chief Judicial Magistrate, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T