Tufani Mukhiya @ Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2836 of 2020 Arising Out of PS. Case No.-1323 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Tufani Mukhiya @ Bin Son of late Krishna Mukhiya Resident of Village - Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. 2.

Rajkali Devi Wife of Tufani Mukhiya Resident of Village - Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. 3.

Saheb Lal Mukhiya Son of Tufani Mukhiya Resident of Village - Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. 4.

Chhotelal Mukhiya Son of Tufani Mukhiya Resident of Village - Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. 5.

Premlal Mukhiya Son of Tufani Mukhiya Resident of Village - Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi Wife of Rajkaran Mukhiya, D/o Jatan Prasad R/o vill. Awadh Nagar, Babu Bishunpur, P.S.- Jadopur, Distt - Gopalganj. At present residing at village - Lalbegi, P.O. - Khajuri, P.S.- Kuchaikot, Distt - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in C.Case (Regd.) No. 1323 of 2019/Trial No. 2063 of 2019 registered for the offence under Sections 323, 324, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. As per complaint petition, the marriage of complainant was solemnized in the year 2012 and a son was born out of the wedlock. It is alleged that due to non-fulfillment of demand of Rs. 50,000/-, she was harassed mentally & physically by petitioners and thereafter, she was ousted from her

Patna High Court CR. MISC. No.2836 of 2020(2) dt.27-02-2020 2/2 matrimonial house.

It is submitted on behalf of petitioners that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner nos. 3, 4 & 5 are brother-in-law (Devar). Petitioners are living separately and have got no concern with the affairs of complainant and her husband.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.A.Dwivedi, Judicial Magistrate 1st Class, Gopalganj in connection with C. Case (Regd.) No. 1323 of 2019/Trial No. 2063 of 2019 on the following conditions:

"(1) Petitioners shall cooperate 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 on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T