Ashok Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57690 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

ASHOK MALLIK Son of Upendra Mallik 2.

Horil Mallik Son of Upendra Mallik 3.

Manoj Mallik Son of Upendra Mallik 4.

Ajay Mallik Son of Sri Ashok Mallik All Resident of Village - Narthuwa, Ward No. 9, Police Station - Alamnagar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custody since 06.03.2021, are persons with clean antecedent and charge-sheet has been submitted in this case. The informant alleges that he received information on 28.02.2021, at 12:00 p.m., that a dead body was lying in a maize field, accordingly, the police was informed and the dead body of a

Patna High Court CR. MISC. No.57690 of 2021(3) dt.11-04-2022 2/3 person, aged about 50 years, was found in the field of Arun Yadav. Further, it is alleged that the cause of death was strangulation. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case based on suspicion and confessional statement of co-accused. It is further submitted that the deceased was own cousin brother-in-law of petitioner no. 1, 2 and 3. Further, during the course of investigation, Ashok Mallik (petitioner no. 1) was arrested and he in his confessional statement disclosed that the deceased was having illicit relationship with his wife Vina Devi. Further, the petitioner no.

1 and his son came to know about the said relationship and, thus, they requested the deceased not to come to their house but the deceased in their absence used to come and visit Vina Devi. Accordingly, the petitioners under a pre-planed conspiracy committed murder of the deceased by strangulating him.

Patna High Court CR. MISC. No.57690 of 2021(3) dt.11-04-2022 3/3 further it also records that no mark of violence was found on the body of the deceased.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners but after perusal of the case diary is not in a position to rebut the submissions of the learned counsel for the petitioners with regard to the postmortem report as submitted by the learned counsel for the petitioners as aforesaid.

Considering the fact that the petitioners are in custody since 06.03.2021, are persons with clean antecedent and chargesheet has been submitted in this case and taking into consideration the submissions made by the learned counsel for the petitioners, the petitioners, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Alamnagar P.S. Case No. 38 of 2021.

(Satyavrat Verma, J) Kundan/- U T