Mithilesh Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27853 of 2025 Arising Out of PS. Case No.-185 Year-2023 Thana- TARAPUR District- Munger ====================================================== Mithilesh Turi, S/o Nepali Turi, R/o Village- Dahiari, P.S.- Sono, DistrictJamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 90 of 2024, arising out of Tarapur P.S. Case No. 185 of 2023, registered for the alleged offences under Sections 366(A), 504/34 of the Indian Penal Code.

03. As per prosecution case, the fifteen years old daughter of the informant went missing and on inquiry, the informant came to know about two mobile numbers written in one of the books of his daughter. When the informant made a call on those numbers, the petitioner picked up the call, who told the informant that his daughter was with him. When the informant reached the house of the petitioner, the petitioner

2/4 along with his father and mother abused and drove him out. Subsequently, it was found that the victim girl died.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The written report has been given after a delay of five days without any explanation. In fact, the daughter of the informant left her house with one Dashrath Thakur and went to Sudamadih where she committed suicide on 16.10.2023. Though, they stayed in the house of one Ashwani Mahto, but he did not identify this petitioner. The petitioner has been working as a labourer at Bengaluru City prior to the date of occurrence and police on suspicion remanded the petitioner to this case on 14.11.2023 on the basis of concocted confessional statement. The learned counsel further submits that for the suicide of the daughter of the informant, Sudamadih P.S. Case No.

62 of 2023 under Section 306 IPC was lodged and subsequently, the case was found true under Section 306 IPC. The learned counsel further submits that even otherwise the petitioner has been made accused in this case merely on suspicion as his mobile number was found on the book of the daughter of the informant. The petitioner is in custody since 14.11.2023 and is having clean antecedent. The charge sheet has been submitted.

3/4

05. Learned APP vehemently opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of allegation and further considering the delay in lodging the FIR and also considering the submission of charge sheet, period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Munger, in connection with Sessions Trial No. 90/2024, arising out of Tarapur P.S. Case No. 185 of 2023, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail,

4/4 the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T