Munna @ Sher Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48081 of 2024 Arising Out of PS. Case No.-125 Year-2021 Thana- DAGARUA District- Purnia ====================================================== Munna @ Sher Khan Son of Late Nasimuddin Resident of Village - Purav Gehuan, P.S.- Dagarua, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B), 34/174(A) of the Indian Penal Code.

Prosecution case in nutshell is that informant's daughter, namely, Asefa Khatoon, was married to coaccused Gulam Nabi. After sometime, Gulam Nabi took to her sasural. At that time, she was three months pregnant. It is further alleged that informant's daughter became traceless. When the informant inquired about her, her in-laws told that Gulam Nabi has taken her to Ajmer Sharif. After intense

Patna High Court CR. MISC. No.48081 of 2024(2) dt.12-07-2024 2/3 search, informant came to know that all the accused persons including the petitioner has killed her daughter by assaulting her by knife and pressing her neck. It is further alleged that on 16.05.2021, co-villagers brought the husband of the deceased to Singhiya Thathaul, where he confessed about the alleged occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is Nandoshi (Husband of Nanad) of the deceased and he has no concern with the mess and business of the deceased as well as her husband. Husband of the deceased is already languishing in judicial custody. Moreover, the petitioner is languishing in judicial custody since 10.12.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Savedi has already been granted bail vide order dated 08.08.2022, passed in Cr. Misc. No. 64109 of 2021 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.48081 of 2024(2) dt.12-07-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dagarua P.S. Case No. 125 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Purnea.

(Sunil Kumar Panwar, J) Nirajkrs/- U T