Mukesh Mukhiya @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83580 of 2023 Arising Out of PS. Case No.-1708 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== MUKESH MUKHIYA @ MUKESH KUMAR S/o Late Manager Mukhiya R/o-Jaukatia Bintoli, P.S-Majhaulia, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sabita Devi W/o Mukesh Mukhiya @ Mukesh Kumar, D/o Ganga Mukhiya Presently R/o Village-Padron, P.S-Jogapatti, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1708C of 2016, registered for the offences punishable under Section 498(A) of IPC and 4 of Dowry Prohibition Act.

3. According to the allegation, the marriage of the complainant was solemnized with the petitioner in the year 2015. Customary presents were given on the occasion of the marriage according to the affording capacity of the family members of the victim, but the accused persons demanded Rs. 1 lakh as dowry and ousted her from the matrimonial house.

Patna High Court CR. MISC. No.83580 of 2023(5) dt.09-10-2025 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The petitioner is ready to keep the victim with full dignity and honor, but she is not willing to reside with the petitioner. It has further been submitted that the process of mediation and conciliation was taken by the court below, but the victim did not appear in the mediation process. He has also submitted that the victim (O.P. No.

2) has solemnized her second marriage and it is the reason that despite notices being sent, none appeared for her in the present case.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1708C of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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