Ramesh Mukhiya @ Akhilesh Mukhiya @ Rameshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39242 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== RAMESH MUKHIYA @ AKHILESH MUKHIYA @ RAMESHWAR MUKHIYA Son of Late Jagarnath Mukhiya Resident of Village- Kharwa Tola, Piparahiya, P.S.- Nawalpur, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Jogapatti (Nawalpur) PS Case No. 175 of 2019 registered under Sections 304B, 201 and 34 of the IPC. The informant has received intimation from the neighbours of his sister's in-law's house regarding his sister being done to death at her matrimonial home by her husband Mohan Mukhiya (coaccused) along with his family members including the petitioner. It is submitted by learned Counsel for the petitioner that the petitioner is brother-in-law of the victim and has since long been separate in mess and worship from the victim and her husband. The husband Mohan Mukhiya is in custody since 28.8.2019. The petitioner is suffering incarceration since 24.5.2020 though there is no specific allegation of any overt act against the petitioner and his implication is only on suspicion by virtue of being a family member.

Patna High Court CR. MISC. No.39242 of 2020(2) dt.08-02-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM West Champaran at Bettiah in Jogapatti (Nawalpur) PS Case No. 175 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.

(Madhuresh Prasad, J) SNkumar/- U T