Upendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21956 of 2023 Arising Out of PS. Case No.-46 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== UPENDRA MUKHIYA SON OF FULESHWAR MUKHIYA Resident of village - Narhi, P.S. - Kishanpur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 341, 323, 504, 506/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

The prosecution case, in brief, is that earlier the marriage of the informant's daughter was solemnized with the petitioner and the petitioner along with co-accused used to torture informant's daughter mentally and physically due to nonfulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the informant's daughter due to which

Patna High Court CR. MISC. No.21956 of 2023(2) dt.22-05-2023 2/2 he has falsely been implicated in the present case. He has never demanded dowry from the informant or with her daughter and still ready to keep his wife/informant's daughter with full dignity and honour. It is further submitted that the petitioner is languishing in judicial custody since 5.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 46 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District Judge, Supaul.

Learned trial Court is directed to make efforts for settling the dispute which has been arouse between the parties. (Sunil Kumar Panwar, J) Amandeep/- U T