Pitamber Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38425 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -SUPAUL District- SUPAUL ===================================== Pitamber Mukhiya, Son of Late Nebi Mukhiya, resident of Village - Gaurabgarh, Police Station & District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Ram Chandra Sahni (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Supaul P.S. Case No.28 of 2015, disclosing offences under Sections 306/34 of the Indian Penal Code.

The petitioner is the father-in-law of the deceased. The deceased was married to son of the petitioner nearly 10 years ago. Allegedly, the in-laws of the deceased administered her poison, leading to

Patna High Court Cr.Misc. No.38425 of 2015 (3) dt.10-02-2016 2/3 her death.

Learned counsel for the petitioner submits that there is no allegation against this petitioner in the First Information Report. He submits that even in course of investigation, no material has been collected against this petitioner. He further submits that coaccused, namely, Jhabari Devi, the wife of the petitioner, has been granted the privilege of anticipatory bail by this Court, vide order, dated 06.10.2015, passed in Cr. Misc. No.40845 of 2015, against whom the allegations are identical.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No.28 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court,

Patna High Court Cr.Misc. No.38425 of 2015 (3) dt.10-02-2016 3/3 as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T