Ramnath Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24609 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Ramnath Mukhiya Son of Late Mawal Mukhiya Resident of VillageKoirgawan Bin Toli, P.S.- Sangrampur, District- East Champaran. 2.

Bhola Mukhiya Son of Ramnath Mukhiya Resident of Village- Koirgawan Bin Toli, P.S.- Sangrampur, District- East Champaran. 3.

Munna Mukhiya Son of Ramnath Mukhiya Resident of Village- Koirgawan Bin Toli, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2020 Heard learned counsel for petitioners and learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in Sangrampur P.S. Case No. 194 of 2019 registered for the offence under Sections 147, 302, 201 of the Indian Penal Code. As per the prosecution case, six accused persons, which includes petitioners, asked the husband of the informant to come alongwith them and they went with her husband on road and later on, the informant got telephonic information that the dead-body of her husband was thrown in a chour and thereafter, when the informant reached at the place of

Patna High Court CR. MISC. No.24609 of 2020(2) dt.07-10-2020 2/2 occurrence, she saw the dead-body of her husband lying in river. It is claimed by the informant that petitioners alongwith 15-16 persons have killed her husband.

It is submitted on behalf of petitioners that there is no eye-witness to the alleged occurrence. Only allegation against these petitioners is that they called the husband of the informant in the morning and later on, in the night, his dead-body was found. It is a case of "last seen". Save and except suspicion, there is nothing against petitioners. It is stated in paragraph - 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioners be enlarged 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 194 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T