Patna High Court/42228/2021bail granted

Mithilesh Rai v. The State Of Bihar

2021-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42228 of 2021 Arising Out of PS. Case No.-189 Year-2017 Thana- DIGHA District- Patna ====================================================== MITHILESH RAI S/o- Sri Dinesh Rai R/V - Nakta Diara, Naya Tola, P.S. - Digha, Distt. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per the prosecution case, petitioner and his family members killed informant's daughter by setting her on fire. Learned counsel for the petitioner submits that the petitioner was married to the victim 19 years back and out of the wedlock they had two children. There is no eye witness of the occurrence and except suspicion no other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case and in fact victim died in accidental fire erupted during boiling of milk. It is further submitted that petitioner never assaulted the

Patna High Court CR. MISC. No.42228 of 2021(3) dt.13-12-2021 2/2 victim and there is no any case regarding the same on the record. A joint compromise petition has also been filed before the Court below. Petitioner is in custody since 7.4.2021. Investigation is complete.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Patna in Digha Police Station Case No. 189 of 2017/GR No. 4607 of 2017.

(Prabhat Kumar Singh, J) Shashi U T