Kantu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77945 of 2018 Arising Out of PS. Case No.-342 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Kantu Mukhiya S/o Late Bagar Mukhiya, R/o Vill.- Chanpatia, Ward No. 2, Dath Chowk, Bintoli, P.S.- Chanpatia, District- West Chamaparan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Sri Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chanpatia P.S. Case No. 342 of 2018 registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.

Informant has stated in her written report that petitioner along with other in-laws killed her daughter due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is the father-in-law of the deceased. Petitioner has been living separately from the husband of the deceased. Petitioner has no criminal antecedent

Patna High Court Cr.Misc. No.77945 of 2018(2) dt.04-01-2019 2/2 and is in custody since 12.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bettiah, West Champaran, in connection with Chanpatia P.S. Case No. 342 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T