Gyani Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14568 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== GYANI MUKHIYA S/O Late Bhular Mukhiya R/O Village- Simrahi (Ward No- 03), P.S- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 17.09.2022 in connection with Raghopur P.S. Case No. 364 of 2022, F.I.R. dated 17.09.2022 for the offences punishable under Sections 364 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant alleges that the petitioner alongwith co-accused Dheeraj Mukkhiya (petitioner's son from his first wife) started torturing his daughter and on many occasions they tried to kill her by poisoning or strangulation. It is further alleged that from 09.09.2022 his daughter is traceless and informant is fully confident that after murder of his daughter dead body had been disposed of by the accused persons.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No. 14568 of 2023(8) dt.11-09-2023 2/2 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the informant is not the eye witness of the alleged occurrence and only on the basis of suspicion the present false case has been instituted against the petitioner.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and D.N.A.Test report suggests that the dead body was received is of daughter of the informant.

6. Considering the aforesaid fact, there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Raghopur P.S. Case No. 364 of 2022 pending in the court of learned Addl. Chief Judicial Magistrate, Birpur, Supaul.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T