Pradeep Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52781 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- GOPALPUR District- West Champaran ====================================================== Pradeep Mukhiya S/O Bir Bahadur Mukhiya Village- Sargatiya, Police station- Gopalpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Bashishtha Narayan Mishra Mr.Brij Kishor Mishra Mr. Sachida Nand Rai Mr. Avinash Raj For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-01-2026 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 80, 238 and 3(5) of the BNS, registered in connection with Gopalpur P.S.Case No. 38 of 2025.

3. As per allegation, the petitioner along with other accused persons killed the daughter of the informant for non-fulfillment of demand of dowry.

4. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026 2/3 submitted that the deceased, wife of the petitioner, was a T.B. patient and she died due to that disease. The learned counsel has submitted further that the videography of place of occurrence has been done which shows from para-25 of the case diary. From the room of the deceased, a medical prescription and some tablets were recovered. According to medical prescription, she was a patient and her weight was 26 kg, 27 kg and 28 kg on different dates of medical examination. The videography of the seizure list was prepared by the investigating authority. The learned counsel has also submitted that the present case has been filed with some ulterior motives. It is next submitted that the mother of the petitioner informed about the occurrence to native members of the deceased. The petitioner is in custody since 13.02.2025.

5. The learned APP for the State has opposed the prayer for bail.

6. Para-25 of the case diary shows that the deceased was suffering from an ailment. She was underweight and her condition was not stable. The seizure list was prepared and the videography made thereof.

7. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing

Patna High Court CR. MISC. No.52781 of 2025(5) dt.08-01-2026 3/3 bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Gopalpur P.S.Case No. 38 of 2025, subject to the condition that the petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T