Bigan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3702 of 2023 Arising Out of PS. Case No.-177 Year-2014 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Bigan Mukhiya Son Of Late Rajendra Mukhiya Resident Of Village - Bangra Nizamat, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and petitioner being the husband of the deceased, has falsely been implicated in the present case. The petitioner is not the

Patna High Court CR. MISC. No.3702 of 2023(3) dt.25-04-2023 2/3 eye witness of the alleged offence. The informant did not disclose the demand of dowry which was alleged to be made to the deceased. It is further submitted that daughter of the informant died due to illness and after the death of his daughter, informant was informant and he participated in the last rite of his daughter. Moreover, the petitioner is languishing in judicial custody since 22.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sahebganj P.S. Case No. 177 of 2014 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.3702 of 2023(3) dt.25-04-2023 3/3 to the satisfaction of the learned A.C.J.M. 1st, (West) Muzaffarpur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T