Mithlesh Panjiyara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31542 of 2025 Arising Out of PS. Case No.-128 Year-2021 Thana- BANKA District- Banka ====================================================== 1.
Mithlesh Panjiyara S/o Naresh Panjiyara R/o Village- Babhangama, P.S.- Barahat, District- Banka 2.
Rakesh Panjiyara S/o Naresh Panjiyara R/o Village- Babhangama, P.S.- Barahat, District- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sameer Rai S/o Not given R/o Village- Malada, Balua, P.S.- English Bazar, District- Not given ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md.Najmul Hodda, Advocate For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 498A and 306/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The case of the prosecution is that on 15.02.2021 at about 11:00 A.M. due to non-fulfillment of dowry, she was subjected to cruelty. It is further alleged that her in-laws poured K.Oil on her body and set on fire due to which she died. Hence, the present FIR.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.31542 of 2025(2) dt.15-05-2025 2/2 petitioners are 'dewar' of the deceased have falsely been implicated in connection with the present case. It is further submitted that before death, the statement of the deceased was recorded under Section 161 of the Cr.P.C. wherein she has stated that she committed suicide by sprinkling K.Oil upon her body. It is further submitted that similarly situated co-accused, namely, Naresh Panjiyar has been granted bail by a co-ordinate Bench of this Court vide order dated 18.10.2022 passed in Cr.Misc. No. 55685 of 2021. Moreover, the petitioners are languishing in judicial custody since 28.01.2025.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banka (Barahat) P.S. Case No. 128 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.
(Ashok Kumar Pandey, J) Jagdish/- U T