Kari Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18260 of 2019 Arising Out of PS. Case No.-22 Year-2017 Thana- ALOULI District- Khagaria ====================================================== KARI MUKHIYA aged about 28 years Male, Son of Heman Mukhiya, Resident of Village- Ratnaha, P.S.- Alauli, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Alauli P.S. Case No. 22/2017 registered under Sections 304(B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that this petitioner is the younger brother (Dewar) of the husband of the deceased. It is submitted that on bare perusal of the F.I.R. it would appear that according to the informant, it was the husband namely, Hardeo Mukhiya, who was demanding money and he had given the call on the mobile phone of the daughterin-law of the informant. Learned counsel submits that the name of this petitioner has been brought in the F.I.R. without there being any allegation muchless any specific allegation against him only because he happened to be the brother of the husband.

Patna High Court CR. MISC. No.18260 of 2019(2) dt.02-04-2019 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case whereunder this petitioner is said to be the Dewar of the deceased and in the F.I.R. it is submitted that there is no specific allegation against him, in the event of his arrest/surrender before the court below within a period of four weeks, let the abovenamed petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, in connection with Alauli P.S. Case No. 22/2017, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T