Nagina Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6705 of 2021 Arising Out of PS. Case No.-146 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== NAGINA MALLIK SON OF SONELAL MALLIK R/O VILLAGE- VAINI, P.S.- PUSA (VAINI O.P.), DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Patepur P.S. Case no. 146 of 2019 registered under sections 302 and 201 of the Indian Penal Code.

As per allegation in the FIR, the dead body of a female was discovered by the Chowkidar informant and the FIR was registered against unknown.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the father-in-law of the deceased. In course of investigation it has transpired that the deceased was last seen with her husband. The petitioner was

Patna High Court CR. MISC. No.6705 of 2021(4) dt.19-07-2021 2/2 living separately from the deceased and her husband. He is in custody since 23.1.2020 and has no criminal antecedent. It is further submitted that a supplementary affidavit has been filed stating therein about the husband of the deceased being in custody.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration that there is no eye witness to the occurrence, the material that has transpired in course of investigation together with the petitioner being in custody for 1 year 5 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Patepur P.S. Case no. 146 of 2019 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 Chief Judicial Magistrate-XIV, Vaishali at Hajipur.

Spd/- (Partha Sarthy, J) U T