Allowed

Mukesh Thakur v. The State of Bihar

Patna HC9 May 2022CR. MISC./58646/2021

Case brief

AI extract

What is this about?

The Patna High Court granted bail to two petitioners, relatives of the accused, in a murder case involving their deceased nephew-in-law. The Court noted their custody duration and lack of direct connection to the crime before imposing standard bail conditions.

What did the court decide?

Petitioners released on bail of Rs. 10,000 with two sureties of similar amount subject to conditions of appearance and non-tampering with evidence.

Mukesh Thakur Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58646 of 2021

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Arising Out of PS. Case No.-781 Year-2019 Thana- KANTI District- Muzaffarpur

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======================================================

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Mukesh Thakur, son of Late Binda Thakur.

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Rangila Devi, wife of Mukesh Thakur.

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Both resident of Village – Sherukahi, P.O. Kabilpur, P.S. Kanti (Panapur O.P.), District – Muzuffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 09-05-2022

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Heard learned counsel for the petitioner, State and

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learned counsel for the Informant.

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Let the defect(s), if any, be removed within four

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weeks.

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The two petitioners, who are ‘Gotni’ (sister-in-law) & ‘Bhaisur’ (brother-in-law), are in judicial custody since 01.03.2021 in connection with Kanti P.S. Case No. 781 of 2021 (G.R. No. 3477 of 2019) instituted on 16.10.2019 under Sections 304(B)/34 of the Indian Penal Code.

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As per the First Information Report, the informant, Dinesh Kumar Pandey, lodged the same on 16.10.2019 stating that he got information that his niece Kajal Kumari (deceased) has been murdered by her in-laws and dead body is hanging

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Patna High Court CR. MISC. No.58646 of 2021(4) dt.09-05-2022 2/3

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with the fan. On further enquiry from the villagers, the name of these petitioners also cropped up.

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Learned counsel for the petitioners submits that it was regular quarrel between the deceased and her husband namely, Nikesh Thakur and they had no connection with them. He further submits that they were living separately and as such they had no role to play in the alleged death of the lady. He lastly submits that they are in jail since 01.03.2021 and had already suffered on account of being related to the deceased’s husband.

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Charge-sheet has already been submitted and as such, there is no question of tampering with the evidence. The petitioners are ‘Gotni’ (sister-in-law) & ‘Bhaisur’ (brother-inlaw) are in jail since 01.03.2021 as such, this Court is inclined to grant bail to them with certain conditions :-

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Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM2nd (West), Muzaffarpur in connection with Kanti P.S. Case No. 781/2019 (G.R. No. 3477/2019), subject to the following conditions :-

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(i) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive

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Patna High Court CR. MISC. No.58646 of 2021(4) dt.09-05-2022 3/3

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dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

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(ii) they shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Jagdish/-

U T

Mukesh Thakur v. The State of Bihar

Case brief

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Mukesh Thakur v. The State of Bihar

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