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Patna High CourtCR. MISC./1762/2017bail granted

Muneshwar Mistri v. The State Of Bihar

2017-01-20Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1762 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Muneshwar Mistri, son of Karu Mistri, Resident of Village - Naudiha, P.S. - Fatehpur, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 20-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Fatehpur P.S. Case No.128 of 2016 registered under Sections 302, 201 and 120(B) of the Indian Penal Code.

The accusation of the informant is that his second wife Manorma Devi and daughter Arti Kumari are missing from the house and he searched them at his own level but their trace was not found. He came to know that his first wife Kanak Devi, her son Satyendra Mistri and daughter Rajni Kumari have taken to his second wife Manorma Devi and daughter Arti Kumari and, thereafter, they are missing.

Patna High Court Cr.Misc. No.1762 of 2017 (2) dt.20-01-2017 2/3 Learned counsel appearing on behalf of the petitioner submits that in course of investigation, the police collected the material showing the hands of Kanak Devi, the first wife of the informant, her son Satyendra Mistri and daughter Rajni Kumari, in the murder of his second wife Manorma Devi and daughter Arti Kumari, whose dead bodies were found in village-Dau Chak, P.S. Fatehpur, District-Gaya, and the informant, in paragraph-44 of the case diary, also raised suspicion against the petitioner saying that his first wife Kanak Devi alongwith her son Satyendra Mistri and daughter Rajni Kumari, after committing the murder of his second wife Manorma Devi and daughter Arti Kumari, had gone to the house of the petitioner, who is her maternal uncle (Mausa).

Except suspicion, no tangible material has been collected by the police showing the involvement of the petitioner in committing the murder of Manorma Devi, the second wife of the informant, and his daughter Arti Kumari. The petitioner having no criminal antecedent is in custody since 28.10.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the 1st Class, Judicial Magistrate, Gaya, in connection with Fatehpur

Patna High Court Cr.Misc. No.1762 of 2017 (2) dt.20-01-2017 3/3 P.S. Case No.128 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T