Patna High CourtCR. MISC./52166/2015bail granted

Buchchi Mukhiya v. The State Of Bihar

2015-12-15Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52166 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Buchchi Mukhiya son of Jhabru Mukhiya, resident of village- Gopalakha, P.S.- Bhairavasthan, District- Madhuban .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2015 Heard Mr. Raj Kumar for the petitioner and Mr. Ajit Kumar, APP for the State.

The petitioner along with others including the husband of the deceased has been made accuseds in Bhairavasthan P.S. Case No. 33 of 2015 (G.R. Case No. 727 of 2015, S.T. No. 295 of 2015) registered under sections 302/120-B and 201 IPC. The informant, being the brother of the deceased, indisputably, is not the eye-witness. He has alleged that there was strained relationship between the deceased with her husband. She was done to death in her matrimonial home because of illicit relationship with the husband of the deceased and the wife of his younger brother.

Counsel for the petitioner has drawn attention of the

Patna High Court Cr.Misc. No.52166 of 2015 (2) dt.15-12-2015 2/2 Court to paragraph 6 of the impugned order in order to contend that at least two children of the deceased in their respective statements have not attributed any allegation of causing injury to the victim. It was the husband of the victim who mercilessly beaten the deceased to death. The petitioner is in custody since 11.05.2015.

Considering the above, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-VI, Madhubani in S.T. No. 295 of 2015 arising out of Bhairavasthan P.S. Case No. 33 of 2015 corresponding to G.R. No. 727 of 2015 on condition that one of the bailors shall be his own/close family member. The petitioner shall continue to appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T