Patna High CourtCR. MISC./34437/2014bail granted

Manoj Mukhiya And ORS v. The State Of Bihar

2015-02-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34437 of 2014 Arising Out of PS.Case No. -594 Year- 2013 Thana -SUPAUL District- SUPAUL ======================================================

1. Manoj Mukhiya.

2. Jaswant Mukhiya. @ Yashwant Mukhiya. Both S/o Shibu Mukhiya.,

3. Shibu Mukhiya., S/o Dhulai Mukhiya., All resident of village - Basbitti ward no. 7 , P,S. AND District - Supaul .

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girjanand Prasad For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Originally, the informant filed Complaint Case bearing Complaint Case No. 1304C of 2013 which was converted in Supaul Police Station Case No. 594 of 2013 registered for the offences punishable under Sections 366, 120B, 379/34 of the Indian Penal Code.

The contention on behalf of the petitioners is that victim of the present case filed complaint case bearing Complaint Case no. 51 of 2014 against her husband that is informant of the present case and in the aforesaid case, she, specifically, stated that she was ousted from her matrimonial home by the informant as well as his

Patna High Court Cr.Misc. No.34437 of 2014 (2) dt.16-02-2015 2/2 other family members. It is further contended by him that petitioner no. 2 as well as petitioner no. 3 were shown witnesses in the complaint case. Furthermore, learned counsel for the petitioner points out that the informant of the present case filed a petition in Complaint Case no. 51C of 2014 mentioning that he was ready to keep his wife.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in Supaul Police Station Case No. 594 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U