Sunil Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14435 of 2017 Arising Out of PS.Case No. -232 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunil Mukhiya, Son of Prabhu Mukhiya,

2. Gyan Devi, Wife of Sunil Mukhiya, Both Resident of VillageKohbarva, Police Station- Govindganj, District- East Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Govindganj P.S. Case no. 232 of 2015, registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing of the daughter of the informant by her husband and other in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that both the petitioners are brother-in-law and Gotani of the deceased daughter of the informant and both are residing in Simla for their livelihood, but they have also been implicated in this case. Further submission is that witnesses in paragraph no. 16, 33, 34, 49 and 50 have also stated

Patna High Court Cr.Misc. No.14435 of 2017 (4) dt.23-08-2017 2/2 petitioners are used to reside at Simla. Further submission is that husband of the deceased is in custody.

On the other hand, learned A.P.P. appearing on behalf of State opposed the prayer of the petitioners and submits that in the Postmortem report it has come that deceased died due to asphysia by pressing her neck, but he fairly submits that it has come in case diary that both the petitioners are brother-in-law and Gotani of the deceased and they used to reside at Simla.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in connection with Govindganj P.S. Case No. 232 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T