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Patna High CourtCR. MISC./19236/2022dismissed

Vinod Mukhiya v. The State Of Bihar

2022-07-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19236 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Vinod Mukhiya Son of Rajendra Mukhiya Resident of village - Barharwa, P.S.- Bajpatti, District - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Bajpatti P.S. Case No. 361 of 2021 under sections 304(B)/34 of the Indian Penal Code.

Allegation in the FIR is that the informant married his daughter to the petitioner herein in 2019. However, since then she was suffering due to non-fulfillment of dowry. On 16.12.2021, his daughter made a telephonic conversation and informed him that they are bent upon killing her for want of dowry. On the very next day, he was informed that his daughter has been killed. When he reached his daughter's in-laws' house

Patna High Court CR. MISC. No.19236 of 2022(2) dt.29-07-2022 2/2 it was informed that the dead body was sent for post mortem. The petitioner being the husband of the deceased cannot be exonerated himself from the fact that the lady is now no more and just prior to her death, on 16.12.2021, she had called her father and informed him that she may be killed for want of dowry.

Taking into account the aforesaid facts that the petitioner is husband of the deceased and role has been attributed to him in the FIR, this Court is not inclined to grant him the privilege of bail which is accordingly rejected. The trial court is directed to expedite the trial and conclude the same expeditiously.

(Rajiv Roy, J) Ravi/- U T