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Patna High CourtCR. MISC./34000/2016bail granted

Gyanchand Mukhiya v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34000 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -KORHA District- KATIHAR ====================================================== Gyanchand Mukhiya S/o Late Prasadi Mukhiya R/o Vill- Rajiganj, P.S.- Korha, Distt- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased but from perusal of the entire case diary, I find that not a single witness claimed to have seen the actual killing of the deceased. It is admitted case of the informant that on 3.3.2016, petitioner along with one Hira Lal Mukhiya had gone to his house and gave information regarding missing of deceased and on 5.3.2016, the dead body of the deceased was recovered from a field. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, particularly

Patna High Court Cr.Misc. No.34000 of 2016 (3) dt.24-10-2016 2/2 keeping in mind that only suspicion has been raised against the petitioner and investigation against him has already been completed, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihari in connection with Korha P.S. Case No.53 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T