Rajeshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41712 of 2021 Arising Out of PS. Case No.-379 Year-2012 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Rajeshwar Mishra Son of Late Awadh Mishra Resident of Village- Gangeya Nawada, P.S.- Katara, District- Muzaffarpur.

2.

Munni Devi Wife of Rajeshwar Mishra Resident of Village- Gangeya Nawada, P.S.- Katara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2021 Heard both parties.

The petitioners seek bail in Sadar P.S. Case No. 379 of 2012, registered for the offence punishable under Sections 363, 366(A), 302 and 201 of the Indian Penal Code. As per the prosecution case, minor grand-daughter of informant namely, Rupa Kumari was kidnapped by one Bindu Bhushan Thakur @ Sonu on way. It is further alleged that from reliable sources he came to know that petitioners along with other FIR named accused persons killed his grand-daughter by administering her poison and disappeared the dead body. It is submitted on behalf of the petitioners that as per the FIR the grand-daughter of informant was kidnapped on

Patna High Court CR. MISC. No.41712 of 2021(3) dt.10-12-2021 2/2 12.06.2012, but the FIR was lodged on 25.12.2012 after delay of six month without any plausible explanation. During course of investigation, it has come that Bindu Bhushan Thakur has illicit relation with the deceased and ultimately both of them got married and when the deceased became pregnant and while giving birth to a female child her condition deteriorated and she died, thereafter, the informant came to know about the death of his grand-daughter. Thereafter, this false case has been lodged. There is no specific or direct allegation of any overt act against the petitioners. Petitioners are husband and wife and they are in custody since 30.11.2020 having clean antecedent. Investigation is complete.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 379 of 2012. (Prabhat Kumar Singh, J) vinita/- U T