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Patna High CourtCR. MISC./27556/2023bail rejected

Vijay Mukhiya v. The State Of Bihar

2023-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27556 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== VIJAY MUKHIYA Son of Rajo Mukhiya Resident of village - Saroni Kala, ward no. 09, P.S. - Bihariganj, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B)/201 of the Indian Penal Code.

All the F.I.R. named accused persons including this petitioner who is husband of the deceased, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.27556 of 2023(2) dt.14-07-2023 2/2 omnibus in nature. Petitioner has no concern with the death of the deceased as the deceased was died due to heart attack. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case, as petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T