Mukesh Kumar @ Mukesh Yadav vs The State Of Bihar on 31 October, 2023

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Patna High Court - Orders

Mukesh Kumar @ Mukesh Yadav vs The State Of Bihar on 31 October, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66600 of 2023
                        Arising Out of PS. Case No.-212 Year-2022 Thana- KHAIRA District- Jamui
                 ======================================================
           1.     Mukesh Kumar @ Mukesh Yadav Son Of Hiraman Yadav Resident Of
                  Village-Jamanipur, P.S.-Khaira, District-Jamui.
           2.    Anita Devi @ Anita Kumari Wife Of Mukesh Kumar @ Mukesh Yadav
                 Resident Of Village-Jamanipur, P.S.-Khaira, District-Jamui.
           3.     Munni Devi @ Raj Bharti Wife Of Munna Yadav And D/O Hiraman Yadav
                  Resident Of Village-Jamanipur, P.S.-Khaira, District-Jamui.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Raj
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   31-10-2023

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302, 328, 34 of the Indian Penal Code.

3. As per FIR, the informant has raised his suspicion that due to partition dispute, his father, brother, bhabhi, mother and sister have killed his wife by administering poison.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the informant is not the eye witness of the alleged occurrence. He submits that there is no specific overt act against the petitioners. He submits that there is general and Patna High Court CR. MISC. No.66600 of 2023(2) dt.31-10-2023 2/2 omnibus allegation levelled against the petitioners. He submits that the police after investigation has filed the final form against the petitioners but the learned court below took cognizance against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khaira P.S. Case No. 212 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/-

U      T

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Patna High Court - Orders