Surendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54725 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1.

SURENDRA MUKHIYA son of Satan Mukhiya Village- Pujha Naya Tola Ps- Srinagar Dist- West Champaran 2.

Champa Devi wife of Surendra Mukhiya Village- Pujha Naya Tola PsSrinagar Dist- West Champaran ... ... petitioner/s

Versus

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

For the petitioners/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 At the outset, learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of this petition in course of the day.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 364, 302, 201 and

Patna High Court CR. MISC. No.54725 of 2023(3) dt.19-09-2023 2/3 120B of the Indian Penal Code.

4. The allegation against the petitioners along with another is of abducting the grand-daughter of the informant and under conspiracy killed her.

5. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioner no. 2 is the second wife of petitioner no. 1 and the deceased is the daughter of the petitioner no. 1. During investigation, on the basis of suspicion and confessional statement of the petitioners before the police implicated in the present case. He further submitted that the confession before the police has got no evidentiary value in the eyes of law. There is no cogent evidence has come against the petitioners to show that they have involved in the present case. They are languishing in judicial custody since 23.03.2023.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.54725 of 2023(3) dt.19-09-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Srinagar P.S. Case No. 27 of 2023.

(Sunil Kumar Panwar, J) arish/- U