Raju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78203 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== RAJU MUKHIYA, aged about 38 years, Male, S/o Late Shradha Mukhiya @ Late Sharda Mukhiya, R/o village- Chandraha, Nawka Tola, P.S.- Bathwariya, District- West Champaran (Bettiah) ... Petitioner

Versus

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

For the Petitioner :

Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chautarwa (Bathwariya) P.S. Case No. 154 of 2019, registered under Sections 341, 323, 324, 504, 379 and 34 of the Indian Penal Code.

The accusation is that Phuljhari Devi, sister-in-law of the informant, put garbage over the and of the informant, then, Shanti Devi, mother of the informant made protest whereupon Phuljhari Devi started to abuse and cause assault through fists and slaps to Shanti Devi. When, wife of the informant rushed to save, then, she was also assaulted through piece of wood and when informant's younger brother, Naresh Kumar, reached to save his mother and wife, then, Rju Mukhiya, husband of

Patna High Court CR. MISC. No.78203 of 2019(2) dt.09-12-2019 2/2 Phuljhari Devi, started to cause assault to Naresh Kumar. At that time, Raju Mukhiya also gave farsa blow at his head. Submission is that in fact due to family dispute occurrence of marpeet took place and the injuries, as found on the persons of the informant, his mother, wife and brother, are simple in nature. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chautarwa (Bathwariya) P.S. Case No. 154 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Bagha, West Champaran, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T