Sunil Mukhiya @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23969 of 2019 Arising Out of PS. Case No.-423 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== SUNIL MUKHIYA @ SUNIL KUMAR S/o Yogendra Mukhiya @ Jogi Mukhiya R/o village- Laxmipur, P.S.- Nautan, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 304(B) of the Indian Penal Code. Daughter of the informant is said to have committed suicide by hanging herself from ceiling in her maternal house after altercation with her husband (petitioner) over dowry demand on mobile phone.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. The deceased has committed suicide in her maternal house by hanging herself from ceiling. He never demanded any dowry from the deceased or her family

Patna High Court CR. MISC. No.23969 of 2019(4) dt.18-07-2019 2/3 members. Though the informant in his fardbeyan has stated that the deceased has committed suicide due to hot talk taken with the petitioner over dowry demand but in his further statement he has stated that his daughter was short tampered and she used to lose her tamper over petty matters and take action to any extent. After marriage, he left for Areraj in connection with his livelihood and got information about death of his daughter on telephone. He has also candidly stated that due to death of his daughter, out of passion, he has got this case lodged against the petitioner at the instance of his villagers.

Mother and grandmother of the deceased have also stated that the deceased was short tampered lady and over some sort of family feud with her husband on mobile, she committed suicide. Thus, the petitioner has played no role at all in commission of suicide by the deceased. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S.

Patna High Court CR. MISC. No.23969 of 2019(4) dt.18-07-2019 3/3 Case No. 423 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T