Bache Lal Mukhiya @ Bachhelal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.391 of 2021 Arising Out of PS. Case No.-262 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== Bache Lal Mukhiya @ Bachhelal Mukhiya, S/o Late Jai Lal Mukhiya, Resident of Village- Sudai, Police Station- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Phulparas P.S. Case No.262 of 2019, G.R. No.1098 of 2019 for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner's counsel submits that the petitioner, being the father-in-law of the victim, is in custody since 27.02.2020. The plea is that the petitioner was not having any concern with the affairs of the victim lady and her husband as they were living separately. The husband is already in custody. Merely by virtue of relationship with the husband, the petitioner has been implicated.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.391 of 2021(2) dt.25-02-2021 2/3 bail.

Considering the rival submissions, 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 Additional Chief Judicial MagistrateII, Jhanjharpur, District-Madhubani, in connection with Phulparas P.S. Case No.262 of 2019, G.R. No.1098 of 2019, 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 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

Patna High Court CR. MISC. No.391 of 2021(2) dt.25-02-2021 3/3 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