Patna High CourtCR. MISC./20261/2020bail granted

Govind Mukhiya v. The State Of Bihar

2020-08-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20261 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

Govind Mukhiya, S/o Sanichar Mukhiya Resident of Village- Bhirahar, Tole Khikhari, P.S.- Ghoghardiha, Distt- Madhubani. 2.

Sunnir Devi @ Sunair Devi, W/o Govind Mukhiya Resident of VillageBhirahar, Tole Khikhari, P.S.- Ghoghardiha, Distt- Madhubani. 3.

Sunil Kumar @ Sunil Mukhiya, S/o Govind Mukhiya Resident of VillageBhirahar, Tole Khikhari, P.S.- Ghoghardiha, Distt- Madhubani. 4.

Sanichar Mukhiya, S/o Late Makkhan Mukhiya Resident of VillageBhirahar, Tole Khikhari, P.S.- Ghoghardiha, Distt- Madhubani. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.-13- Advocate For the Opposite Party/s :

Mr. Anita Kumari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-08-2020 The defects, as pointed out by the office, be ignored. Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Madhubani Mahila P. S. Case No.32 of 2019 registered for the offences punishable under Sections 323, 341, 498(A)/ 34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act. All the above named petitioners are in-laws of the informant and no specific overt act has been attributed against

Patna High Court CR. MISC. No.20261 of 2020(2) dt.24-08-2020 2/2 them. The first information report reflects that the marriage of informant took place with co-accused Anil Mukhiya in the Year 2017 and she was subjected to torture and cruelty when her husband returned to his home from outside the State of Bihar. The aforesaid fact goes to show that the allegation of torturing as well as demand of dowry centres around the husband. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Madhubani in connection with Madhubani Mahila P. S. Case No.32 of 2019, corresponding C.R.I. No.696 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.