Rajesh Mukhia And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31442 of 2017 Arising Out of PS.Case No. -109 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================

1. Rajesh Mukhia,

2. Naresh Mukhia, Both are Sons of Bhola Mukhia, Resident of VillageSonepur, P.S.- Biraul, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Biraul P.S. Case No. 109 of 2015 for the offence under sections 304(B) and 201/34 of the Indian Penal Code. The petitioners are Dewars of the deceased. There is statement on affidavit in paragraph-3 that the petitioners have no criminal history and their antecedents are good. From perusal of the FIR, it appears that there general and omnibus allegation against the petitioners as well as father and mother of the petitioner for committing murder of the daughter of the informant.

Patna High Court Cr.Misc. No.31442 of 2017 (2) dt.13-07-2017 2/2 Counsel for the petitioners submits that in Cr. Misc. No. 8322 of 2017 vide order dated 29.6.2017 anticipatory bail was granted to the similarly circumstanced co-accused including the mother-in-law of the deceased against whom there was general and omnibus allegation in the FIR. Considering the facts that petitioners are Dewars of the deceased and the fact that mother-inlaw of the deceased has already been granted anticipatory bail in Cr. Misc. No. 8322 of 2017 and also the fact that in paragraph -3 there is statement on affidavit that the petitioners have no criminal antecedent, let the petitioners, named above, be released on bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Biraul, Darbhanga, in connection with Biraul P.S. Case No. 109 of 2015, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T