Patna High CourtCR. MISC./10666/2015dismissed

Sunil Mukhiya v. The State Of Bihar

2015-10-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10666 of 2015 Arising Out of PS.Case No. -126 Year- 2014 Thana -MAHISI District- SAHARSA ====================================================== Sunil Mukhiya S/o Indradeo Mukhiya, R/o Village Jhitki, P.S. Mehshi, District Saharsa .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra, Advocate.

For the Opposite Party : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.

The petitioner apprehends his arrest in Maheshi P.S. Case No. 126 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant alleged that his uncle had illicit relationship with Radha Devi mother of Chandrashekhar Mukhiya. This petitioner and others called Triveni Mukhiya in an orchard situated in Bahiyar and thereafter the dead body of Triveni Mukhiya was found.

It is submitted that there is no eye witness of the occurrence. Only suspicion is raised against the petition and other accused persons. Similarly situated accused persons namely Chandra Shekhar Mukhiya @ Chandra Kishore Mukhiya @ Kaila

Patna High Court Cr.Misc. No.10666 of 2015 (4) dt.07-10-2015 2/2 Mukhiya, Kameshwar Mukhiya, Shankar Mukhiya and Bachcha Mukhiya have already been enlarged on regular bail. Considering the facts aforesaid and the allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T