Govind Ghatwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53589 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -MANIHARI District- KATIHAR ====================================================== Govind Ghatwar S/o Bangali Ghatwar R/o Kirtaniya Mujwar, P.S. Manihari, Distt. Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Manihari P.S. Case No. 144 of 2017 dated 19.05.2017 instituted for the offences under Sections 363, 302 and 201 of the Indian Penal Code. The mother-in-law of the informant is stated to have been killed by the petitioner. She had come to the house of the informant on 17.05.2017 along with the petitioner and after one day, she had left for her home. A day later, the dead body of the deceased was found in a field and the personal belongings of the deceased was found to be strewn near the dead body.

The deceased had been killed by a sharp cutting weapon. The petitioner has been made accused in this case because of his being seen last with the deceased. Learned counsel for the petitioner has submitted that if

Patna High Court Cr.Misc. No.53589 of 2017 (3) dt.07-12-2017 the petitioner had any enmity with the deceased, the deceased would not have accompanied him to the house of her son-in-law. That apart, it has not been stated in the FIR that the deceased was carrying any valuable article or money which could have possibly have made the petitioner desirous of taking away after killing the deceased. No motive can be attributed to the petitioner. Thus, the only material against the petitioner is that, a day prior to the dead body of the deceased being found, he had accompanied the deceased from the house of the informant to her home.

The petitioner is in custody since 27.05.2017 and he does not bear any criminal antecedent.

For the aforestated facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar in connection with Manihari P.S. Case No. 144 of 2017. (Ashutosh Kumar, J) KKSINHA/- U T