Chandrika Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37417 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== CHANDRIKA MUKHIYA, SON OF BRIKSHA MUKHIYA, RESIDENT OF VILLAGE BHARPATIYA TOLA KHADA, P.S. SRINAGAR PUJAHAN, DISTRICT- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :

Mr. Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Aditya Nath Jha, learned Counsel for the petitioner and Mr. Md. Mustaque Alam, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Srinagar Police Station Case No. 83 of 2019, disclosing offences under Sections 304B, 201/34 of the Indian Penal Code.

The allegation, as per the First Information Report is that daughter of the informant was married to coaccused, Rohit Kumar in the year 2019 and within few months of marriage, the husband of the deceased and other family members started demanding four-wheeler as dowry

Patna High Court CR. MISC. No.37417 of 2020(2) dt.02-02-2021 2/3 and due to non-fulfillment of the demand, they tortured and killed the daughter of the informant. It has further been alleged that the petitioner helped the accused persons in concealing the dead body.

Learned counsel for the petitioner submits that the petitioner is stranger to the family and has not committed any offence in the manner alleged and he has falsely been implicated in this case. Learned counsel next submits that from perusal of the First Information Report, it would be evident that the allegation against the petitioner is that he only participated in concealing of the dead body. Learned counsel next submits that the petitioner is husband of Sarpanch and due to village politics, he has been implicated in this case and he is in custody since 04.05.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the nature of allegation, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Chandrika Mukhiya, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah

Patna High Court CR. MISC. No.37417 of 2020(2) dt.02-02-2021 3/3 (West Champaran), in connection with Srinagar Police Station Case No. 83 of 2019.

(Anil Kumar Sinha, J.) sanjeev/- U