Sankalit Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37262 of 2020 Arising Out of PS. Case No.-40 Year-2017 Thana- DEODHA District- Madhubani ====================================================== Sankalit Mukhiya, Son of Ramatar Mukhiya, Resident of Village - Rajauli, P.S.- Deodha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Deodha P.S. Case No.40 of 2017 bearing CRI Case No.977 of 2017 for the offence punishable under Section 307/326 of the Indian Penal Code.

Being the husband, petitioner is accused of setting ablaze of his wife.

It is submitted that earlier the prayer for bail of the petitioner was rejected on 28.03.2019. The petitioner's counsel submits that the allegation is of setting ablaze the victim on 28.05.2017. She has, however, died on 10.06.2017. There is no statement of the victim recorded in these 12 days. The petitioner continues to be in custody since 16.06.2017.

Patna High Court CR. MISC. No.37262 of 2020(3) dt.23-02-2021 2/3 Learned APP for the State has opposed the prayer for bail. It is submitted that earlier the prayer for bail was rejected on the ground that his mother has stated about his involvement and ante-mortem burn injury was found on the body of the deceased.

A report was also called for from the court. It states that two witnesses were examined on 04.01.2020. Thereafter, no prosecution witness has been produced or examined till date. Considering the submissions and the period of custody, this Court is inclined to allow the prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-VI, Madhubani, in connection with Deodha P.S. Case No.40 of 2017 bearing CRI Case No.977 of 2017, subject to the following conditions: (i) 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.

(ii) That the petitioner will be well represented on each date and if he fails to do so

Patna High Court CR. MISC. No.37262 of 2020(3) dt.23-02-2021 3/3 on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T