Guddu Mallik Mehtar @ Guddu Mallik @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37815 of 2017 Arising Out of PS.Case No. -492 Year- 2011 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Guddu Mallik Mehtar @ Guddu Mallik @ Rajesh Kumar, son of Shri Ramesh Mallik @ Ramesh Mehtar, resident of Mohalla- Jawaripur, Police Station- Kotwali (Tilkamanjhi), District- Bhagalpur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Syed Masleh-Uddin Ashraf, Adv. For the Opposite Party : Mr. Anil Prasad Singh, APP 210 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2017 Heard both sides.

The petitioner seeks bail in Kotwali (Barari) P.S. Case No. 492 of 2011, corresponding to Sessions Trial No. 419 of 2016(C), registered under Sections 302 and 201 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is not named in the first information report. The first information report is registered against unknown after recovery of a dead body. Most. Lata Devi in paragraph 30 of the case diary gave application to Superintendent of Police, Bhagalpur, stating therein that her daughter, Chanda Devi, was married to Ramesh Mallick @ Ramesh Mehtar, the father of the petitioner on 07.09.2011, Ramesh Mehtar took her daughter, but, after some days the dead body of her daughter was found in a decomposed condition near the residence of the District Magistrate, Bhagalpur. It is, further, submitted that the petitioner is of course the son of Ramesh Mallick, but, he has nothing to do with the family affairs of Ramesh Mallick and the deceased. The petitioner is the son of

Patna High Court Cr.Misc. No.37815 of 2017 (5) dt.08-11-2017 2/2 Ramesh Mallick from his first wife. The petitioner is in jail since 01.02.2016 and the trial has not yet been concluded. Ramesh Mallick, the husband of the deceased, has already been convicted. Considering the facts, aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kotwali (Barari) P.S. Case No. 492 of 2011 [Sessions Trial No. 419 of 2016(C)] to the satisfaction of the Additional Sessions Judge, IV, Bhagalpur, subject to the conditions that one of the bailors shall be a close relative of the petitioner having substantial immovable property in his name and the petitioner shall appear before the Court below on each and every day and if the petitioner fails to appear on two consecutive dates, without any reason, then his bail bond shall be cancelled by the Court below, itself.

(Prabhat Kumar Jha, J) SA/- U √ T √