Ram Bilash Mukhiya @ Ram Ballabh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74320 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- JAMALPUR District- Darbhanga ====================================================== RAM BILASH MUKHIYA @ RAM BALLABH MUKHIYA S/O Late Banarsi Mukhiya R/O Village- Parshahi, P.S- Jamalpur (Bargaon O.P), District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.
3. As per prosecution case, the informant's son had gone to his matrimonial house on 10.5.2022 where he was found hanging with a rope. The informant raised suspicion and alleged that his son was committed murder by the accused persons including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased due to which he has
Patna High Court CR. MISC. No.74320 of 2022(4) dt.23-08-2023 2/3 falsely been implicated in this case. No one is eye witness of the alleged occurrence. No any consistent material has come against the petitioner which suggests his complicity. It is also submitted the police has submitted chargesheet u/s 306 of the I.P.C. concluding the death of the deceased having occurred due to suicide. Postmortem report shows no any external injury upon the body of the deceased. As per F.S.L. report, no poisonous material could be detected. Moreover, wife of the deceased namely, Chandra Rekha Devi has already been enlarged on bail by a co-ordinate Bench of this Court vide order dt. 13.2.2023 passed in Cr. Misc. No. 51796 of 2022. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 11.5.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamalpur (Bargaon O.P) P.S. Case No. 56 of 2022 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.74320 of 2022(4) dt.23-08-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga.
(Sunil Kumar Panwar, J) Amandeep/- U T