Jairam Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7933 of 2015 Arising Out of PS.Case No. -31 Year- 2013 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Jairam Mukhiya, son of Ram Prasad Mukhiya, resident of villageNaraianpur Garhia, Police Station - Bhaptiyahi, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304B and 120B of the Indian Penal Code.

It is submitted that initially, the informant (father of the deceased) has filed U.D. Case No.03/2013 wherein it has been alleged that the deceased took poison in lieu of medicine which caused death. Later on, the informant filed a complaint case which was sent to the police station and thus, Bhaptiyahi P.S. Case No.31/2013 was instituted. During investigation, the case was found not true, but latter stage of investigation, the case was found true. It is further submitted that in similar facts and circumstances, the co-accused Ram Prasad Mukhiya has been granted bail vide

Patna High Court Cr.Misc. No.7933 of 2015 (2) dt.10-04-2015 2/2 Cr. Misc. No.34197/2014. The petitioner is the elder brother of the husband of the deceased. He is in custody since 4.11.2014 having no criminal antecedent.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in Bhaptiyahi P.S. Case No.31 of 2013 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T