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Patna High CourtCR. MISC./48986/2019bail granted

Bisheshwar Mukhia v. The State Of Bihar

2019-11-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35521 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Lali @ Lalo Mukhiya, aged about 30 years, Male, S/o Bisheshwar Mukhia, R/o village- Ratnaha, P.S.- Alauli, District- Khagaria. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 48986 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Bisheshwar Mukhia, aged about 60 years, Male, Son of Late Heralal Mukhiyan @ Late Hiralal Mukhiya, Resident of Village- Ratnaha, P.S.- Alauli, District- Khagaria.

... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35521 of 2019) For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party :

Mr. Raj Ballabh Singh, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 48986 of 2019) For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Both the above stated bail applications have arisen out of Alauli P. S. Case No. 279 of 2018, registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.35521 of 2019(5) dt.20-11-2019 2/2 Petitioner in Cr. Misc. No. 35521 of 2019 is brotherin-law whereas petitioner in Cr. Misc. No. 48986 of 2019 is father-in-law of the victim. The first information report goes to show that four years prior to disappearance of victim, the marriage of victim had taken place and the alleged demand was made after four years of the marriage. Moreover, it is obvious from perusal of written report that the so-called illegal demand was made after fours years of marriage.

Learned counsel appearing for the petitioners submit that the mother-in-law of the victim has already been granted privilege of anticipatory bail by a co-ordinate bench of this court whereas petitioners are languishing in jail custody since long. Considering the aforesaid facts and circumstances as well as submissions of the parties, both the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P. S. Case No. 279 of 2018.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T