Mundrika Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84472 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- BHELDI District- Saran ====================================================== MUNDRIKA SINGH S/o Late Sri Ram Singh R/o village- Kakrahat, P.S.- Derni, District- Chapra, Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2020 Heard both sides.
The petitioner apprehends his arrest in Bheldi P.S. case No. 115/2019 registered under Section 302, 201/34 of the IPC.
The village Chowkidar, Dinesh Rai, is informant of the case. The informant lodged the case against unknown after recovery of dead body of a female. The informant disclosed that on examination of the dead body it appeared that the lady was strangulated to death and thereafter her dead body was thrown. The learned counsel for the petitioner submits that petitioner is not named in the FIR. The father of the deceased after reading the newspaper came and identified the dead body of the deceased by her clothes as his daughter. The father of the deceased disclosed that he married his daughter with Mambodh Singh on 25.04.2008. His daughter got two sons but his son-in-
Patna High Court CR. MISC. No.84472 of 2019(4) dt.20-08-2020 2/3 law was abnormal and that is why brother-in-law and sister-inlaw of his daughter were always subjecting her to physical and mental torture. The father of the deceased further disclosed in paragraph 25 of the case diary that on 15.05.2019 the petitioner telephoned him and disclosed that his daughter fled away by an auto rickshaw. It is further submitted that deceased got two sons and the petitioner has no hands in the killing of the deceased. The wife of the petitioner was apprehended and she is said to have confessed her guilt in paragraph 43 of the case diary.
The wife of the petitioner disclosed in her confessional statement that wife of Manbodh Singh was killed at the instance of her and her husband and they thrown the dead body by the side of river outside the village but she did not disclose any fact that petitioner killed the deceased. It is submitted that wife of the petitioner has already been granted bail vide order passed in Cr. Misc. No. 47138 of 2019 and the case of petitioner stands on better footing and the petitioner deserves anticipatory bail. The learned APP opposed the prayer for anticipatory bail.
Having heard both sides and on perusal of the records and case diary, it appears that village Chowkidar lodged the case against unknown after recovery of dead body of a female. The
Patna High Court CR. MISC. No.84472 of 2019(4) dt.20-08-2020 3/3 Chowkidar on examination of the dead body found ligature mark all around the neck of the deceased and disclosed that it was a case of murder and the lady was strangulated to death and thereafter her dead body was thrown by the side of river outside the village. When the news flashed in the daily newspaper father of the deceased identified the dead body by her clothes and he disclosed that the petitioner and his wife were always torturing the deceased. The husband of his daughter was mentally weak and he was a disabled person. The dead body of deceased was found by the side of river and from perusal of post mortem report it transpired that there was anti mortem strangulation injury on her neck. The deceased was firstly killed by strangulating her and thereafter her dead body was thrown. The wife of the petitioner also confessed her guilt. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/- U T