Ajay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17905 of 2025 Arising Out of PS. Case No.-854 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== AJAY MUKHIYA Son of Pundev Mukhiya @ Pundeo Mukhiya Resident of village -Dumari Mahanwa, Police Station - Majhualiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.12.2024, in connection with Majhualiya P.S. Case No. 854 of 2023, FIR dated 04.10.2023 registered for the offence under Sections 304(B), 201, 34 and 506 of the Indian Penal Code.

3. As per the prosecution story, the informant's daughter was tortured by the accused persons including the petitioner for demand of dowry and on non-fulfillment of the same they assaulted her and threatened the that they will kill her.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case merely on the ground that he is

Patna High Court CR. MISC. No.17905 of 2025(3) dt.02-05-2025 2/2 husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not commited any offence as alleged in the F.I.R. and in fact, the deceased died due to an accident and she has been examined before the Dr. Subhas Kumar Pandey, who has treated the deceased.

5. Learned A.P.P. for the State on the basis of the material available on the record in the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has disposed of the dead body of the deceased and apart from that the number of witnesses have supported the case of the prosecution.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Majhualiya P.S. Case No. 854 of 2023 pending in the Court of Chief Judicial Magistrate, West Champaran at Bettiah.

7. Prayer is refused.

8. However, the petitioner may renew his prayer after framing of the charge.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T