Bhola Mukhiya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49988 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================
1. Bhola Mukhiya son of Late Ram MasudMukhiya,
2. Menu Devi, Wife of Bhola Mukhiya Both are resident of Village Sonrpur, P.S. Bioroul, District Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Biroul P.S. Case No. 109 of 2015 giving rise to Sessions Trial No. 246 of 2016 for the offence punishable under sections 364 and 120-B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
It has been submitted on behalf of the petitioners that though the case had been lodged under sections 304(B) and 201/34 of the Indian Penal Code but the charge-sheet has been submitted under sections 364 and 120-B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. It has further been
Patna High Court Cr.Misc. No.49988 of 2016 (3) dt.19-01-2017 2/3 submitted that there is no eye witness to the occurrence. Only on the basis of suspicion the petitioners have been falsely implicated in the case. Petitioners are father-in-law and mother-in-law and are languishing in jail for about ten months. Heard learned A.P.P. also who has opposed the prayer for bail. He could not point out any specific overt act against the petitioners and submitted that on the basis of suspicion raised by the witnesses, as the dead body was not found, the petitioners who are in-laws have been implicated in the case.
Having heard both sides and in view of the fact that except suspicion there is nothing against the petitioners and now the charge-sheet has been submitted and they are in custody for about ten months, both the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Benipur, Darbhanga in connection with Biroul P.S. Case No. 109 of 2015 giving rise to Sessions Trial No.
Patna High Court Cr.Misc. No.49988 of 2016 (3) dt.19-01-2017 3/3 bonds.
With the above conditions, prayer for bail of the petitioners is allowed.
(Vinod Kumar Sinha, J) Amin/- U