Patna High CourtCR. MISC./35863/2024dismissed

Lakhan Mukhiya @ Suraj Mukhiya v. The State Of Bihar

2025-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35863 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Lakhan Mukhiya @ Suraj Mukhiya Son of Dhurendra Mukhiya Resident of Village- Kolhawa Ghat, Ward no- 1, P.S- Srinagar, Pujaha Pntijirawa, DistWest Champaran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gauri Shankar Thakur For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. As per the prosecution case, the informant alleged that the petitioner along with other co-accused persons have committed murder of his sister.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the postmortem report and the F.S.L. report do not support the prosecution case. He further submits that the petitioner is

Patna High Court CR. MISC. No.35863 of 2024(5) dt.10-01-2025 2/2 languishing in custody since 08.07.2023. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submits that the marriage between the petitioner and the deceased was solemnized on May, 2023 and the deceased died on 23.06.2023. The petitioner is the husband of the deceased.

6. Considering the facts and circumstances of the case and the fact that the petitioner is the husband of the deceased, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Srinagar P.S. Case No. 80 of 2023.

7. However, the petitioner shall be at liberty to renew his prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T