Sibu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18676 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- ALINAGAR District- Darbhanga ====================================================== 1.

Sibu Mukhiya, Son of Late Ram Rup Mukhiya 2.

Bina Devi W/o Jagdish Mukhiya 3.

Bucchani Devi @ Bucchi Devi W/o Sibu Mukhiya All are Residents of Village - Nanhakar, P.S.- Alinagar, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the State :

Mr.Pramod Kumar Pandey, APP For the Informant :

Mr Prabhat Kumar, Advocae ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-09-2020 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Informant. In this case, the petitioners are seeking bail in connection with Alinagar P.S. Case No.103 of 2019, registered for the offence punishable under Sections 302, 120 (B), 201/34 of the Indian Penal Code.

The FIR has been lodged by the wife of the deceased in which it has been stated that her husband had illicit relation with his elder sister-in-law, namely, Bina Devi (petitioner no.2) and the deceased used to visit the village home regularly on every week. On the fateful day, the deceased had gone to the village where he was strangulated and hanged by

Patna High Court CR. MISC. No.18676 of 2020(4) dt.25-09-2020 2/2 rope on the tree, however, counsel for the petitioners submits that they are the family members and he used to visit the village regularly and on that day, on account of social boycott, the deceased had committed suicide, whereas counsel for the State and the informant submit that the witnesses have supported the prosecution story and also post mortem report corroborates the allegation made in the FIR and the CDR of the mobile phone of the deceased shows that he had in the village where he was strangulated.

Looking to the entire facts and circumstances of the case, for the present, this Court is not inclined to grant bail to the petitioners.

Accordingly, the prayer for bail is rejected for the present.

(Shivaji Pandey, J) V.K.Pandey/- U T