Patna High CourtCR. MISC./7250/2025bail granted

Mukesh Nayan @ Mukesh Kumar v. The State Of Bihar

2025-05-13Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7250 of 2025 Arising Out of PS. Case No.-82 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Mukesh Nayan @ Mukesh Kumar S/O Kedar Yadav R/O Village- Sewai Tola Jahjava, P.S- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amritanshu Dangi For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Wazirganj Police Station Case No. 82 of 2024, dated 16.02.2024, disclosing offences punishable under Sections 304-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner was married to the daughter of the informant, namely, Rinki Kumari (now, deceased) on 02.05.2023. In the marriage, the informant gave ornaments and other household articles as gift, but the petitioner, along with other accused persons, started demanding more dowry in the form of a four-wheeler vehicle. On 28.01.2024, the deceased came to her parental home and on 15.02.2024, the petitioner called the

2/4 deceased on her mobile phone around 2 PM and they talked till 03:30 PM, in which the petitioner again tortured and said to come to the house with money and car and threatened her that if she would not bring the same, she would be killed, due to which, the deceased committed suicide.

4. Learned Counsel for the petitioner submits that the petitioner is the husband of the deceased and has falsely been implicated in this case in order to harass him. The petitioner works in Bangalore as Software Engineer and at the time of occurrence, he was at Bangalore. The deceased was not happy with her marriage with the petitioner and she wanted to marry the brother-in-law of her brother, namely, Umesh Kumar. The deceased used to talk to him and some other person for a long duration over mobile phone and the same was being objected by the petitioner, which was not to the liking of the deceased. The deceased went to her parental home on 28.01.2024 for taking B. A. Part-II examination and after lapse of 18 days, she committed suicide in her parental home. The demand of dowry is false and fabricated. During investigation, the supervision of the case was done by the

3/4 supervising authority, in which it has been mentioned that it has come to light that the deceased was not happy with her marriage with the petitioner.

5. On the other hand, learned Additional Public Prosecutor submits that the petitioner is the husband of the deceased and there is direct allegation of demand of dowry and torture, due to which the deceased has committed suicide. The witnesses have supported the prosecution version during investigation.

6. I have heard learned Counsel for the parties concerned and have gone through the materials available on record.

7. During investigation, it has come in the supervision note that the deceased was not happy with her marriage with the petitioner. The statement of the neighbour of the petitioner was also recorded during investigation in which he has stated that the deceased was not happy with her marriage. The deceased has committed suicide in her parental home.

8. Considering the above, I am inclined to grant the petitioner privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioner, above named, in the event of his arrest

4/4 or surrender before the Court below within a period of four weeks from today, 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 learned 18th Additional Sessions Judge, Gaya, in connection with Wazirganj Police Station Case No. 82 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √