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Patna High CourtCR. MISC./39648/2018bail granted

Mukesh Das v. The State Of Bihar

2018-09-07Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39648 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- KEWATI District- Darbhanga ====================================================== Mukesh Das son of Surendra Das, resident of Village- Sonhan, Police StationKeoti, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.02.2018 in connection with Keoti P.S. Case No. 18/2018, G.R. No. 357/2018 for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter Vijita Devi was married to one Mithilesh Das ten years back and has two daughters and one son. She was informed by the mother-in-law of the said Vijita Devi that 5-6 days back she has gone with her cousin dewar, who is the petitioner and thereafter she received information that her daughter has come to the village with the petitioner and then heard that the petitioner along with her husband and other co-

Patna High Court Cr.Misc. No.39648 of 2018(3) dt.07-09-2018 2/2 accused named in the FIR have strangulated her daughter. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was in Delhi on the date of occurrence and was neither husband nor inlaws of the deceased. He submits that the petitioner has been falsely implicated only on account of village politics and village enmity. He further submits that charge-sheet has already been submitted and there being no eye witness the allegations are false.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VIIth, Darbhanga in connection with Keoti P.S. Case No. 18/2018, G.R. No. 357/2018. (Nilu Agrawal, J) Rajesh/Pragya U T