Rajkumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40057 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- Nawalpur District- West Champaran ====================================================== 1.
Rajkumar Mukhiya S/o Late Sugriv Mukhiya R/o Village- Semariman, ward no- 13 Police station- Nawalpur, District- West Champaran 2.
Bindu Devi @ Indu Devi W/o Late Sugriv Mukhiya R/o VillageSemariman, ward no- 13 Police station- Nawalpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 28-07-2026 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioners and Mr. Md. Ataur Rahman, learned APP for the State.
2. Petitioners are apprehending their arrest in connection with Nawalpur P.S. Case No.24 of 2026, dated 19.01.2026, registered for the offence punishable under Sections 126(2), 115(2), 80, 238, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case as disclosed in the FIR, the allegation against the petitioners is that, in association with the other co-accused persons, they killed the daughter of the informant on account of non-fulfilment of the demand for dowry.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.40057 of 2026(3) dt.28-07-2026 2/3 the present case. It is further submitted that petitioner no.1 is the brother-in-law and petitioner no.2 is the mother-in-law of the deceased. Learned counsel submits that the husband of the deceased and the deceased were living separately along with their child, having a separate mess, and the petitioners had no concern with their family affairs. It is further submitted that the husband of the deceased is already in judicial custody. Learned counsel further submits that nothing has surfaced during the course of investigation to indicate the complicity of these two petitioners in the alleged occurrence. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. On the other hand, learned APP for the State has opposed the prayer for anticipatory bail. However, the submission advanced on behalf of the petitioners that no material indicating their complicity has surfaced during the course of investigation has not been refuted by the learned APP.
6. Considering the facts and circumstances of the case and taking into account that the petitioners are the brotherin-law and mother-in-law of the deceased, the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six
Patna High Court CR. MISC. No.40057 of 2026(3) dt.28-07-2026 3/3 weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-First Class, Bettiah, West Champaran/Successor Court in connection with Nawalpur P.S. Case No.24 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative/ known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) shikha/- U T