Sanjay Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49319 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- NADI District- Supaul ====================================================== SANJAY MUKHIYA Son of Jawahar Mukhiya Resident of VillageKhokhnaha Amin Tola, Ward No. 02, P.S.- Supaul Nadi Thana, DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Nath Yadav For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2019 Heard both sides.
The petitioner seeks bail in Supaul Nadi Thana P.S. case No. 09/2019 registered under Section 302, 201, 120B of the IPC.
The informant is the brother of Runa Devi. The informant alleged that his sister was married to Hareram Mukhiya @ Kari Mukhiya 12 years ago. Her husband and other in-laws were torturing his sister. On 27.03.2019 father-in-law, Jawahar Mukhiya, brother-in-law (Bhaisur), Sanjay Mukhiya the petitioner, husband, Hareram Mukhiya, brother-in-law (devar), Laxman Mukhiya, mother-in-law, Sarswati Devi and sisters-in-law, Phul Kumari and Saro Devi assaulted the sister of informant and killed her with her three children by
Patna High Court CR. MISC. No.49319 of 2019(4) dt.20-11-2019 2/2 administering poison.
The learned counsel for the petitioner submits that petitioner is brother-in-law of the deceased. During the course of investigation none of the witness has supported the case of the prosecution. The police after investigation submitted charge sheet u/s 306 of the IPC but from post mortem report of Runa Devi it appears that she got external injury on her body. The bodies of three children of Runa Devi were covered in sand by the side of the river and in course of investigation their dead bodies were recovered.
Taking into consideration the facts that four persons were killed and their dead bodies were concealed by the husband and other family members of the deceased and the petitioner is also alleged to have participated in killing the wife and three children of his brother, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T