Shyam Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30797 of 2022 Arising Out of PS. Case No.-265 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Shyam Mukhiya Son of Shivji Mukhiya Resident of Village-pandaul Mallah Tol, P.S.-Pandal, District-Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Pandaul P.S. Case No.265 of 2020 registered for the offences under Sections 304B, 302/34 of the Indian Penal Code. As per the allegation, the informant's daughter was married to the present petitioner three years ago and she was living in her matrimonial house. After about one and a half year all the accused persons started torturing the victim and on several occasions the informant tried to settle the matter but on 18.10.2020 he got to know by the neighbours that his daughter
Patna High Court CR. MISC. No.30797 of 2022(3) dt.15-09-2022 2/3 had been killed by the accused persons and the victim's dead body was lying with hanging mark present on her neck. The main submissions advanced by the learned counsel Mr. Subhash Kumar Jha for the petitioner are that at the time of alleged incident, the petitioner who happens to be husband of the deceased, was not present at the place of occurrence and he was out of station for his livelihood and against him there is no specific allegation in the FIR and he has been languishing in jail since 20.10.2020 and the alleged offence of Section 304B of IPC is not made out and in the FIR it has not been alleged that the victim had been tortured for the demand of dowry before the happening of the alleged occurrence.
Learned APP Mr. Suresh Prasad Singh appearing for the State has opposed the bail prayer.
Heard both the sides and perused the FIR. The petitioner happens to be the husband of the deceased and victim's marriage took place with this petitioner just three years before the happening of the alleged occurrence and the victim died unnatural death in the house of this petitioner and as per the informant who happens to be the father of the deceased, the petitioner and his family members tortured and hanged the
Patna High Court CR. MISC. No.30797 of 2022(3) dt.15-09-2022 3/3 victim to death. Considering the nature of the allegation appearing against the petitioner, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.
The trial Court is directed to expedite the trial of this petitioner and take steps to conclude the same as early as possible. If the trial of the petitioner is not concluded in the next one year then the petitioner may renew his bail prayer. (Shailendra Singh, J.) sangam/- U T