Mukesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31717 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== Mukesh kumar Das S/o Abhinandan Das R/o vill - Chakla, ward no. 5, P.S.- Banmankhi, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Subesh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP for the State, Mr. Subesh Sharma, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Banmankhi P.S. Case No. 227 of 2024, instituted for the offences punishable under Sections 304-B and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the accused persons including the petitioner committed murder of the informant's daughter for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.31717 of 2025(3) dt.09-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is brother-in-law of the deceased. The allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is further submitted that no demand of dowry was made from the deceased and the petitioner is separate in mess and business from the husband of the deceased. Husband of the deceased is in judicial custody. The petitioner is in custody since 15.06.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 18.02.2025 passed in Cr. Misc. No. 82352 of 2024.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner of committing murder of the deceased. It is further submitted that the trial is in progress and four witnesses have been examined in this case. Hence, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.31717 of 2025(3) dt.09-07-2025 3/3

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banmankhi P.S. Case No. 227 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T