Upendra Pal v. The State Of Bihar

Patna High Court Cr.Misc. No.24988 of 2017 (2) dt.05-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24988 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ======================================================

1. Upendra Pal Son of Late Kapil Pal, Resident of Village- Majhauli Gadediya Tola, P.S.- Salimpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Sinha For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State.

Petitioner being father-in-law of the victim seeks bail in Bakhtiarpur P.S. Case No.87 of 2016 for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. Accusation is of killing the daughter of the informant and threw her dead body on a railway track.

It has been submitted on behalf of the petitioner that from perusal of the Fardbeyan it itself appears that the dead body of the daughter of the informant was found on a railway track on 08/10/2015. The informant received the dead body, but did not make any allegation against the petitioner who happens to be the father-in-law of the deceased. Thereafter, U.D. case No.42 of

Patna High Court Cr.Misc. No.24988 of 2017 (2) dt.05-06-2017 2015 was registered and the police after investigation submitted final form, but subsequently, the informant lodged the present case, after more than nine months from the date of registration of U.D. case with false accusation that the petitioner and other inlaws family members including the husband killed his daughter and threw her dead body on a railway track. It is further submitted that co-accused Munni Devi being mother-in-law of the victim has been granted bail by a co-ordinate bench of this court vide order dated 25/04/2017, passed in Criminal Miscellaneous No. 18748 of 2017.

Learned APP for the State opposes the prayer for bail.

Considering the above facts and circumstances, this petition for bail is allowed and the petitioner named above, is directed to 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 learned Additional Sessions Judge-II, Barh, Patna, in connection with Sessions Trial No.77 of 2017, arising out of Bakhtiarpur G.R.P. P.S. Case No.87 of 2016. (S. Kumar, J) Ranjan/- U T