Sohan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10614 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Sohan Mukhiya Son of Late Bhagelu Mukhiya Resident of village - Chanpatia, Ward no. 3, ps- Chanapatia, Dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Chanpatia P. S. Case No. 187/2024 in a case registered for the offence punishable under Section 80/3(5) of the Bharatiya Nyaya Sanhita.

3. The prosecution case, in brief, is that niece of informant, namely Puja Kumari, was married with co-accused Sudarshan Mukhiya in the year 2023 in accordance with Hindu rites and rituals. Subsequently, this petitioner, along with other accused persons named in the F.I.R., started demanding dowry and due to non-fulfillment of demand of dowry, niece of informant was subjected to torture and cruelty and on

Patna High Court CR. MISC. No.10614 of 2025(3) dt.09-05-2025 2/3 14.08.2024 at about 8:30 AM, informant received information that his niece was hanged to death by all the accused persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be fatherin-law of the deceased. Petitioner is victim of over implication. There are general and omnibus allegations and there is no specific allegation of overt act against this petitioner. Petitioner is separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased who is already in custody. Petitioner is claims clean antecedent. Petitioner is in custody since 27.10.2024.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the fact that thrust of accusation is against husband of the deceased and period of custody, the bail application is allowed. Let the above named petitioner 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 Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Chanpatia P. S. Case No.

Patna High Court CR. MISC. No.10614 of 2025(3) dt.09-05-2025 3/3 187/2024.

(Prabhat Kumar Singh, J) Navya/- U T