Jai Prakash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49598 of 2019 Arising Out of PS. Case No.-23 Year-2014 Thana- MARAUNA District- Supaul ====================================================== Jai Prakash Mukhiya S/O Upendra Mukhiya Resident Of Village- Jovaha, P.S.- Marauna, District- Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate For the Opposite Party :

Mr.Ashok Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner as well learned counsel for the State and perused the case diary. Petitioner, who is husband of the deceased, is an accused in a case registered for the offence punishable under sections 304B,201/34 of the Indian Penal Code. The informant alleged that on 17.3.2014 his daughter informed him that her in-laws including her husband (the petitioner) assaulted her for non-fulfilment of demand of motorcycle and when he reached her matrimonial house, he learnt that the accused persons had already killed his daughter by hanging her. They also disposed of the dead body secretly.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case because of being husband of the victim. Further, FIR was lodged for the offence under sections 304B, 201/34 of the Indian Penal Code but police filed charge sheet for the offence under sections 306, 201/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.49598 of 2019(4) dt.06-11-2019 2/2 in the trial. Similarly situated other co-accused, namely, Upendra Mukhia has already been allowed bail by a bench of this Court vide order dated 3.3.2015, passed in Cr.Mis.No. 47972 of 2014. Petitioner is in custody in the instant case since 7.6.2019 and charge sheet has already been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate 1st Supaul in Marauna Police Station Case No. 23 of 2014, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T