Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31654 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== UMESH PRASAD Son of Late Pitamwar Yadav Resident of Village - Rangu Bigha, P.S.- Paras Bigha, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-07-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Paras Bigha P.S. Case No. 134/2018, instituted for offence under Section(s) 304(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is father-in-law of deceased.

It is alleged in the written report that son of petitioner was married with daughter of informant in the year 2007. One son was born from the wedlock. It is alleged that daughter of informant was tortured in her Sasural for non-fulfillment of demand of land. It is further alleged that the accused persons including this petitioner were threatening the informant to kill his daughter. Thereafter informant went to Primary School

Patna High Court CR. MISC. No.31654 of 2019(4) dt.15-07-2019 2/3 Parbalpur, where petitioner was posted as teacher and enquired from him about his daughter but he stated that he knows nothing. Thereafter informant went to the house of his daughter and found her house locked. All the accused persons were absconding. He learnt from the villagers that his daughter has been killed.

Learned counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner that he along with other accused persons might have killed the daughter of informant.

Learned counsel for the petitioner has submitted that in para 6, 7, 18, 19 of case diary witnesses have not supported the prosecution case. In para 32 and 41 of case diary there is statement of son and Mami of deceased, wherein they have stated that victim had gone to her Naihar but did not return. Learned counsel for the informant has submitted that victim is still traceless.

From the written report it appears that there is general and omnibus allegation against this petitioner. Petitioner is in custody since 27.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the

Patna High Court CR. MISC. No.31654 of 2019(4) dt.15-07-2019 3/3 petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Bharti, J.M. 1st Class, Jehanabad, in connection with Paras Bigha P.S. Case No. 134/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T