Mukesh Mukhiya @ Mukesh Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29588 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- Rajeshwari District- Supaul ====================================================== Mukesh Mukhiya @ Mukesh Mallah S/O Buchi Mukhiya Resident of Village- Bairiya, P.S.- Rajeshwari, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patla Kumari , Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 80 ( 2 ), 103 (1) and 3(5) of BNS.

3 . It is a case of dowry death. Petitioner was married with daughter of informant in the year 2020. Later on , petitioner and his family members started subjecting her to torture and harassment for non-fulfillment of demand of dowry and finally accused persons killed the deceased.

4. Learned counsel appearing for the petitioner, while denying the allegation, submits that the petitioner has falsely been implicated in this case because petitioner is husband of the deceased. Informant is not an eye witness and only a

Patna High Court CR. MISC. No.29588 of 2025(2) dt.12-05-2025 2/2 suspicion has been raised against this petitioner. As a matter of fact, petitioner was not present in his house at the time of occurrence . There is no direct or indirect material to connect the petitioner with the alleged occurrence . As a matter of fact, deceased died due to hanging not by strangulation . 5 . Learned counsel for the State opposes the prayer for bail and submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfillment of dowry demand. The deceased died in unnatural circumstances within 7 years of marriage in her matrimonial house .

6. Considering the nature of accusation and the fact that deceased died in unnatural condition within 7 years of marriage in her in-laws house , prayer for regular bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Koushik/- U