Sibu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43730 of 2021 Arising Out of PS. Case No.-103 Year-2019 Thana- ALINAGAR District- Darbhanga ====================================================== 1.

Sibu Mukhiya Son of Late Ram Rup Mukhiya Resident of Village - Nanhakar, P.S.- Alinagar, Distt.- Darbhanga.

2.

Bina Devi W/o Jagdish Mukhiya Resident of Village - Nanhakar, P.S.- Alinagar, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-11-2021 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

Petitioners pray for bail in Alinagar P.S. Case No. 103 of 2019, registered for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, informant's husband had illicit relation with her elder sister-in-law (petitioner no. 2). It is alleged that on 18.10.2019, the husband of informant had gone to meet petitioner no. 2 and on the next day, the informant got an information that dead body of her husband is lying in an orchard. The informant alleged that her father (petitioner no. 1) and mother used to oppose the illicit relationship of her husband and bhabhi and as such, by hatching a conspiracy in connivance with other accused persons, they have killed her husband.

Patna High Court CR. MISC. No.43730 of 2021(2) dt.01-11-2021 2/2 It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case only on suspicion. There is no specific allegation against the petitioners. It is further submitted that having similar allegation, other coaccused persons namely Ghuran Mukhiya, Laxmi Mukhiya and Buchhani Devi have already been granted bail by this Court, vide orders annexed as Annexure 4 & 5 respectively. Petitioners are in custody since 22.10.2019. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Benipur (Darbhanga) in connection with Alinagar P.S. Case No. 103 of 2019.

(Prabhat Kumar Singh, J.) anay U T