Nandu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69700 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== NANDU MUKHIYA SON OF GARIB MUKHIYA R/O VILL.- CHOUDHARANA, P.S.- RAJNAGAR, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 304B and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the niece of the informant due to non-fulfillment of further dowry demand.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased. He submitted that petitioner is working in a private company and on the date of occurrence, the petitioner was not present there, as he was in Delhi. There is no

Patna High Court CR. MISC. No.69700 of 2022(3) dt.21-04-2023 2/2 any prior complaint against the petitioner with regard to demand of dowry, harassment, torturing and misbehaving with the deceased. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.09.2021.

The application for bail is opposed by learned APP for the State and submitted that unnatural death was occurred within seven years of marriage.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Madhubani in connection with Rajnagar P.S. Case No. 229 of 2021.

(Sunil Kumar Panwar, J) arish/- U