Maujae Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49353 of 2021 Arising Out of PS. Case No.-262 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== Maujae Mukhiya S/o Bachhelal Mukhiya, R/o village- Sudai, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Adv.

For the Opposite Party/s :

Mr. Madhuri Lata, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 262 of 2019 (G.R. No.1098 of 2019), lodged under Sections 304(B), 201, 34 of the Indian Penal Code.

As per the prosecution case, the allegation of dowry death against the petitioner as well as to elope the dead body of victim is there in the F.I.R.

Learned counsel for the petitioner submits that petitioner is the innocent husband of victim and has committed no offence. He further submits that petitioner is in custody since

Patna High Court CR. MISC. No.49353 of 2021(4) dt.27-09-2022 2/2 21.03.2020, charge sheet has already been filed and antecedent of petitioner is clean. He further submits that there is general and omnibus allegation in the F.I.R.

Learned counsel for the State opposes the prayer for bail and submits that from the case diary, it transpires that there is involvement of present petitioner in commission of crime. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, the bail application of petitioner is hereby rejected.

The Court below is directed to expedite the trial as early as possible.

(Dr. Anshuman, J.) ritik/- U T