Patna High CourtCR. MISC./53982/2017bail granted

Ranjan Mukhiya v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53982 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -RAHIKA District- MADHUBANI ====================================================== Ranjan Mukhiya, Son of Rajendra Mukhiya, resident of Village- Ram Nagar Dhankhi, Police Station- Rahika, District- Madhubani. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Rahika P.S. Case No. 85 of 2017 registered under Section 302/34 of the Indian Penal Code. As per the prosecution case, the petitioner along with five other accused persons are said to have committed the murder of the mother of the informant by slitting her neck. It is submitted by learned counsel for the petitioner that the allegation against the petitioner is not specific rather general and omnibus in nature. The informant has not seen the petitioner in the occurrence rather her sister, namely, Sangita Devi divulged him about the complicity of the petitioner in the occurrence but the said Sangita Devi in para-8 of the case diary has raised only suspicion against the petitioner. The doctor, who

Patna High Court Cr.Misc. No.53982 of 2017 (03) dt.12-12-2017 - 2 - conducted the autopsy of the dead body of the deceased, has found only one incised wound on the neck of the deceased, hence the assailant of the said injury is not ascertained. There is no dispute between the petitioner and the deceased rather the dispute is with the Siban Mukhiya. The petitioner has been languishing in custody since 26.06.2017.

In the facts and circumstances of the case, the above named petitioner 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 Additional Chief Judicial Magistrate-I, Madhubani in connection with Rahika P.S. Case No.85 of 2017 (CRI Case No.1185/2017). (Prakash Chandra Jaiswal, J) Trivedi/- U T