Dhruv Mukhiya @ Dhrup Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33184 of 2019 Arising Out of PS. Case No.-49 Year-2015 Thana- SRINAGAR District- West Champaran ====================================================== DHRUV MUKHIYA @ DHRUP MUKHIYA S/o Late Adalat Mukhiya R/o village- Mashandhaba Gobrahiya, P.S.- Shrinagar (Pujahan), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 302/34 of the IPC and section 3/ 4 of the Prevention of Witch Practice Act.

Counsel for the petitioner submits that other co-accused Bharat Mukhiya, who was facing trial in Sessions trial no. 330/2017 has been acquitted since the informant has not supported the occurrence at the trial.

Petitioner's case is on similar footing as co-accused Bharat Mukhiya. Other co-accused Rajdeo Mukhiya, Nandlal Mukhiya and Geeta Devi have also been granted privilege of anticipatory bail by a coordinate bench of this court vide order

Patna High Court CR. MISC. No.33184 of 2019(4) dt.17-08-2019 2/2 dated 03.12.2018 passed in Cr. Misc. no. 59845/2018. Petitioner has clean antecedent and is in jail custody since 05.03.2019.

Considering the facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri A. Kumar, Judicial Magistrate, Ist Class, Bettiah, West Champaran in Shrinagar (Pujaha) P.S. Case no. 49/2015 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U