Kishore Mukhiya v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.351 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -RAGHOPUR District- SUPAUL ====================================================== Kishore Mukhiya Son of Late Sukhdeo Mukhiya Resident of villageSimrahi, Ward No.-8, P.S.- Raghopur, District- supaul. .... .... Petitioner
Versus
1. The State of Bihar
2. Rekha Devi Wife of Shri Kishore Mukhiya Resident of village- Simrahi, P.S.- Raghopur, District- Supaul.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Amrit Abhijat, Advocate. For the State : Mr. Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The languishing in custody since 30.06.2017 in a case for the offence registered under Sections 498(A), 379, 341, 323, 504, 506 and 354(B) of the IPC..
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.351 of 2018 (2) dt.05-01-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Birpur, Supaul, in connection with Raghopur P.S. Case No. 63/2017. U.K./- (Sudhir Singh, J) U T