Muna Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31395 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ======================================================
1. Muna Pal Son of Upendra 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. Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 22.09.2016 in connection with Bakhtiarpur G.R.P. P.S. Case No. 87/16 for offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
The prosecution case, as lodged by the father of the deceased, is that the petitioner along with other in-laws of the deceased has killed his daughter and threw the dead body on the railway track.
It has been submitted by the learned counsel for the petitioner that he is the husband of the deceased Sulekha Devi and
Patna High Court Cr.Misc. No.31395 of 2017 (2) dt.12-07-2017 2/3 the dead body of his daughter was found on the railway track on 08.10.2015. The informant received the dead body, but did not make any allegation against the petitioner or his family members and that for the said occurrence U.D. Case No. 42/15 was registered, in which after investigation final form was submitted. The present First Information Report has been lodged on 17.09.2016 after about 11 months from the date of registration of the UD case and at that time no allegation was made against the petitioner or his family members and just as an afterthought the entire allegations, which is false and concocted, has been levelled. He further submits that no plausible explanation has been given for such unreasonable delay.
It is submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and the mother- in-law and fatherin-law have since been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 18748 of 2017 on 25.04.2017 and Cr. Misc. No. 24988 of 2017 on 05.06.2017. However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.31395 of 2017 (2) dt.12-07-2017 3/3 satisfaction of learned Addl. Sessions Judge 2nd, Barh, Patna, in connection with Bakhtiarpur G.R.P. P.S. Case No. 87/16. (Nilu Agrawal, J) Rajesh/- U T