Bharat Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61469 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== Bharat Mukhiya Son of Dukhi Mukhiya Resident of Village - Pipraun, P.S. - Laukahi, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mrs. Reeta Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2022 Heard counsel for the parties.

The petitioner is in judicial custody in connection with Babubarhi P.S. Case No. 53 of 2020 for the alleged offences under sections 304(B) and 201/34 of the Indian Penal Code.

The allegation against the petitioner is of torturing and causing death of the victim girl due to demand of dowry. The petitioner is brother-in-law (Nandosi) of the victim lady and as per learned counsel for the petitioner, he had separate mess and property from the husband of the deceased and had no concern either with them or the alleged occurrence. He further submits that he is in jail since 11.6.2021. Taking into account the aforesaid facts as also that the charge-sheet has been submitted in the matter, this Court is

Patna High Court CR. MISC. No.61469 of 2021(2) dt.21-04-2022 2/2 inclined to grant the privilege of bail to the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-III, Madhubani, in connection with Babubarhi P.S. Case No. 53 of 2020 subject to the following conditions:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

The bail application is allowed with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U T