Khattar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51343 of 2014 Arising Out of PS.Case No. -148 Year- 2013 Thana -HASANPUR District- SAMASTIPUR ====================================================== Khattar Mukhiya S/o Late Ramphal Mukhiya Resident of Village Bhatman, P.S. Husanpur, District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar Yadav, Advocate.

For the Opposite Party : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-04-2015 Heard both sides.

The petitioner seeks bail in Hasanpur P.S. Case No. 148 of 2013, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant father of the deceased alleged that his son Rupesh Kumar Muhkhiya had gone to his Sasural for Bidagri of his wife, daughter of Buchi Mukhiya, but the accused persons Buchi Mukhiya, Rambabu Mukhiya, Khattar Mukhiya, Suresh Mukhiya and Sushila Devi have killed his son. Learned counsel for the petitioner submits that the petitioner is not at all related with the family of Buchi Mukhiya. There is no eye witness of the occurrence. During the course of investigation, Pramod Kumar Paswan, the auto rickshaw driver

Patna High Court Cr.Misc. No.51343 of 2014 (3) dt.15-04-2015 2/2 disclosed that the petitioner along with other two accused persons took dead body on his auto rickshaw and threw the same near a Bhatban dam.

It appears that there is no eye witness of the occurrence and the petitioner appears to have helped other accused persons in disposal of the dead body.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri K. Kumar, the learned Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 148 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T