Hardeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6076 of 2020 Arising Out of PS. Case No.-22 Year-2017 Thana- ALOULI District- Khagaria ====================================================== HARDEO MUKHIYA Son of Heman Mukhiya Resident of Village - Ratnaha, P.S.- Alauli, District- Khagaria ... ... Petitioner

Versus

THE STATE OF BIHAR... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal,Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and Mr. Surendra Prasad Singh, learned APP for the State. The petitioner in the present case is the husband of the deceased who is seeking anticipatory bail in connection with Alauli P.S. Case No. 22 of 2017 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the daughter of the informant died due to heart disease and her death was duly communicated to the informant but the informant has falsely implicated this petitioner and lodged the present case.

On the other hand, learned APP for the State has opposed the prayer for anticipatory bail of the petitioner. It is submitted that the petitioner is the husband and the fact is that the daughter of the informant died in her matrimonial home within the four corners of the house of this petitioner then her dead body was also cremated without any information to the informant and her family.

Patna High Court CR. MISC. No.6076 of 2020(3) dt.08-07-2020 2/2 Having regard to the facts and circumstances of the case wherein it appears from the materials on the record that the marriage between the petitioner and the deceased daughter of the informant had taken place in the year 2015 and the allegation is that there was a demand of one motorcycle and earlier a sum of Rs.25,000/- was given to the petitioner, he was again demanding some money and when the same was not provided he killed the daughter of the informant and cremated the dead body.

Considering the seriousness of the allegations and the materials present on the record, the fact that the daughter of the informant has died in the house of this petitioner within two years of her marriage and in course of investigation nothing has come on the record that the daughter of the informant was suffering from a heart disease, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail is, thus, refused.

The application is dismissed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Avin U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.