Mukesh Kumar @ Mukesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2033 of 2020 Arising Out of PS. Case No.-140 Year-2018 Thana- BAUNSI District- Banka ====================================================== Mukesh Kumar @ Mukesh Rai Son of Congress Rai Resident of Village - Amgachi, P.S. - Bounsi, District - Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nirbhay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner apprehends his arrest in Bounsi P.S. Case No. 140 of 2018 (G.R No. 1864/2018), registered for the offence punishable under Sections 302, 328 and 34 of the Indian Penal Code.
The informant alleged that his daughter-in-law Pramila Devi, is a lady of questionable character and due to this fact, his son and daughter-in-law used to quarrel. It is further alleged that Pramila Devi called her husband to her Mika. On 31.05.2018, Pramila Devi along with her family members killed her husband (Informant's son) by administering poison to him and thrown his dead-body near the house of the informant. It is submitted that petitioner has falsely been
Patna High Court CR. MISC. No.2033 of 2020(2) dt.25-02-2020 2/3 implicated in this case. Petitioner is brother of wife of the deceased. In para 18,19 and 20 of the case diary, it has come that the deceased himself consumed poison, as a result of which he died. Other co-accused have been granted anticipatory bail by a coordinate Bench of this court vide order dated 13.03.2019 passed in Cr. Misc. No. 5338 of 2019. Petitioner has got clean antecedent.
Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 140 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be
Patna High Court CR. MISC. No.2033 of 2020(2) dt.25-02-2020 3/3 cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T