Manoj Mukhiya v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6481 of 2018 (2) dt.08-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6481 of 2018 Arising Out of PS.Case No. -948 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Manoj Mukhiya, Son of Sri Ramotar Mukhiya, Resident of VillageKusthani, P.S.- Uda- Kishunganj, District- Madhepura. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mala Devi, Wife of Manoj Mukhya, Resident of Village- Kushthani, P.S.- Udakishunganj, District- Madhepura.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Prasad Verma For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.11.2017 in connection with Complaint Case No. 948 of 2014 for the offences alleged under Sections 498-A of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations against the petitioner are general and omnibus in nature apart from being improbable as the parties were married as far back as in the year 1995 and the demand of dowry is said to have been made 10 years thereafter. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.6481 of 2018 (2) dt.08-02-2018 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura, in connection with Complaint Case No. 948 of 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T