Bablu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24641 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== 1.

BABLU MUKHIYA SON OF SAGAMLAL MUKHIYA RESIDENT OF VILLAGE- CHAKLA , PS- CHHATAPUR, DIST- SUPAUL 2.

PRIYA DEVI WIFE OF BABLU MUKHIYA RESIDENT OF VILLAGECHAKLA WARD NO. 2 , PS- CHHATAPUR, DIST- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

The allegation against the petitioners along with others is killing the daughter of the informant. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioner no. 1 is the husband of the deceased and petitioner no. 2 is the sister-in-law of the petitioner no. 1. The petitioner no. 1 and the deceased's

Patna High Court CR. MISC. No.24641 of 2023(3) dt.28-06-2023 2/2 marriage was solemnized in the year 2006 and petitioner no. 1 blessed with three children out of her wedlock. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against these petitioners and others. There is no consistent evidence and no eye-witness to the alleged occurrence. He further submitted that Postmortem report shows that the cause of death was Asphyxia due to hanging. They are languishing in judicial custody for more than ten months. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Supaul in connection with Chhatapur P.S. Case No. 192 of 2022.

(Sunil Kumar Panwar, J) arish/- U T