Bholan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31397 of 2025 Arising Out of PS. Case No.-161 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Bholan Mukhiya S/o Late Bauku Mukhiya R/o vill - Bhakhrain, P.S.- Madhepur, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-06-2025
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Madhepur P.S. Case no.161 of 2023 registered under sections 302, 201 and 120B of the Indian Penal Code.
3. As per the prosecution case, the informant states that he received information about the daughter of the petitioner having been done to death. The informant states that on serious interrogation, the co-accused Tara Devi disclosed that she had taken her daughter to the doctor on her complaining about stomach ache but on further investigation, it transpired that the petitioner along with his family members named in the F.I.R. had killed her and disposed of her body. It is further stated that the cause of occurrence was the affair of the petitioner's
Patna High Court CR. MISC. No.31397 of 2025(3) dt.27-06-2025 2/3 daughter with one Rajesh Mukhiya.
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 2.12.2024 passed in Cr. Misc. no.71770 of 2024 giving liberty to the petitioner to renew his prayer for bail after framing of charge. It is submitted that the petitioner has remained in custody since 6.5.2024, has no criminal antecedent and referring to the supplementary affidavit filed on behalf of the petitioner, it is submitted that charge has been framed against the petitioner in the learned trial Court on 23.4.2025. The petitioner undertakes to cooperate in the trial.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the liberty granted in the earlier order of rejection dated 2.12.2024, charge having been framed against the petitioner in the learned trial Court and the petitioner having remained in custody for over one year since 6.5.2024, the Court directs the petitioner to be enlarged on bail in connection with Madhepur P.S. Case no.161 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.31397 of 2025(3) dt.27-06-2025 3/3 each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, District Madhubani.
(Partha Sarthy, J) Saurabh/- U T