Murali Rai @ Mirli Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54395 of 2021 Arising Out of PS. Case No.-204 Year-2019 Thana- SIMRI District- Buxar ====================================================== Murali Rai @ Mirli Ray Son Of Late Ranjit Rai R/O Village- Chilhari, P.S.- Dumraon (NAYA Bhojpur O.P.), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-08-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard Mr. Satyapal Singh, learned counsel for the petitioner as well as Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.

The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Simri P. S. Case No. 204 of 2019 registered for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code.

As per the prosecution case, it is alleged that dead body of a female covered with blanket was found, the face of the dead body of was charred due to pouring of acid like

2/4 substance. The informant suspected that the dead woman was married and it suspected that her in-laws have killed the deceased and for concealing the evidences the body has been thrown to bush. Later on, the fatehr of the deceased also alleged that the petitioner and his family members committed the murder of his daughter by pouring kerosene oil. Learned counsel appearing on behalf of the petitioner submitted that the petitioner happens to be father-inlaw of the deceased and there is no allegation of any demand or torture whatsoever against the petitioner. It is further submitted that during the course of investigation, the dead body was identified by the father and his statement has been recorded but he has not made any allegation against the petitioner.

During the course of investigation, it has come that the deceased had solemnized the marriage with the son of the petitioner by leaving her hose voluntarily and thereafter, she started living with Vikki Rai, son of the petitioner. It is Vikki Rai, who was demanding share on behalf of the deceased from her father and save and except the aforesaid material, there is no allegation.

3/4 burnt.

On the other hand, learned APP for the State opposes the bail application and submits that that during the course of investigation, it has come that the petitioner has tried to disappear the evidences in order to save and screen the offenders.

Having considered the submissions made on behalf of the parties and taking into account the fact that no specific allegation has been levelled against the petitioner, who happens to be father-in-law of the deceased and save and except the allegation that after the occurrence, he has made white-washing of the room, where the deceased was burnt, there is no other material and even in the confessional statement of Hewanti Devi, no role has been assigned against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simri P. S. Case No. 204 of 2019, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the

4/4 trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) shakir/- U T