Mukesh Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41107 of 2024 Arising Out of PS. Case No.-116 Year-2022 Thana- BAUNSI District- Banka ====================================================== MUKESH PANJIYARA SON OF CHIGO PANJIYARA R/O-VILLAGESARUA, P.S.- BOUSI, DISTT.-BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024

1. The present petition is by way of second attempt, at the behest of the petitioner, for grant of regular bail in connection with S.Tr. No.405 of 2022, arising out of Bousi P.S. Case No.116 of 2022, registered for offences punishable under Sections 304(B)/39 of the Indian Penal Code, inasmuch as the earlier petition, filed by the petitioner for grant of bail was rejected by this Court, vide order dated 23.01.2023, passed in Criminal Miscellaneous No.60596 of 2022.

2. The accused persons including the petitioner herein, who is the husband of the deceased victim lady are alleged to have firstly physically and mentally tortured the deceased victim lady on account of non-fulfillment of the demand for dowry and finally they had killed her.

3. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41107 of 2024(2) dt.19-07-2024 2/2 the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 25.05.2022, hence a sympathetic view be taken and he be granted the privilege of regular bail.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for regular bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that the petitioner is prima facie responsible of having killer her wife on account of nonfulfillment of the demand for dowry, apart from the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of regular bail, thus, the present petition stands dismissed. (Mohit Kumar Shah, J) sonal/- U T