Nitish Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48705 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Nitish Mukhiya S/o Resham Lal Mukhiya R/o Village- Parihari, ward No. 01, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Raniganj P.S. Case No. 147 of 2024 dated 13.04.2024 registered for the offences punishable under Sections 304B, 302 and 120B of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically and strangulated her to death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case

Patna High Court CR. MISC. No.48705 of 2025(2) dt.29-08-2025 2/3 on mere suspicion. The petitioner neither demanded any dowry nor tortured the informant's daughter. There is general and omnibus allegation against the petitioner, who is the husband of the deceased and he has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused person has already been granted regular bail by this Court vide order dated 24.09.2024 passed in Cr. Misc. No. 63185 of 2024.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is the husband of the deceased who killed her on account of demand of dowry.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner. It is not fit case for anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.

Patna High Court CR. MISC. No.48705 of 2025(2) dt.29-08-2025 3/3

7. The application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T