Chhotu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62124 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -BHARGAWAN District- ARRARIA ====================================================== Chhotu Mukhiya S/o Sikandar Mukhiya, R/o Village- Shakarpura P.S.- Singheshwar, District- Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Bhargama Police Station Case No. 197 of 2017 registered for offences punishable under sections 302 and 201/34 of the Indian Penal Code.
The informant has alleged that all the six FIR named accused conspired and committed murder of her mother with intention to grab her landed property.
It has been submitted that the petitioner is son-in-law of deceased. The wife of this petitioner is sole surviving descendant of deceased. The petitioner was residing with his wife at his place (Madhepura) where the cousin brother of informant, namely Kaushal Mukhiya came and returned back to his
Patna High Court Cr.Misc. No.62124 of 2017 (3) dt.23-01-2018 2/3 village-Manpur Nawalganj with the mother-in-law of this petitioner. Subsequently the informant learnt that her mother is not at her home. Thereafter she along with her husband vitiated at the place of Kaushal Mukhiya and enquired about her mother. In course of search, the cousin brother of informant admitted the murder of deceased by him. On his confession, the dead body was also recovered. The apprehended accused divulged the name of this petitioner only for the purpose of grabbing the land of the deceased. It has been further submitted that there was absolutely no motive to kill his own mother-in-law as his wife was the only successor of her interest in landed property.
Except the disclosure of name of this petitioner in confessional statement of coaccused, there is nothing against this petitioner. The statement was recorded at the instance of co-accused Kaushal Mukhiya. The petitioner is in custody since 15.09.2017 having clean antecedent and this petitioner had gone with the informant to lodge the case at police station.
Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in
Patna High Court Cr.Misc. No.62124 of 2017 (3) dt.23-01-2018 3/3 connection with Bhargama Police Station Case No. 197 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) Mahesh/- U T