Sukal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85300 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Sukal Mukhiya S/O Late Tetar Mukhiya R/O Village- Mahhour (MAHTHOUR), P.S- Manigachhi, Distt.- Darbhanga. 2.

Tilay Mukhiya @ Tilai Mukhiya S/O Late Bankar Mukhiya R/O VillageMahhour (MAHTHOUR), P.S- Manigachhi, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Manigachhi P.S. Case No. 100 of 2023 registered under sections 302, 304(B), 201 and 34 of the Indian Penal Code. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that petitioners are co-villagers of the in-laws of the deceased and they have no concern with mess and business of the deceased as well as from her husband. Nothing specific allegation has been

Patna High Court CR. MISC. No.85300 of 2023(2) dt.15-01-2024 2/2 levelled against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. It is also submitted from para-11 of this petition that the husband of the deceased is already languishing in judicial custody. Moreover, the petitioners are languishing in judicial custody since 04.07.2023 and 28.08.2023 respectively. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Manigachhi P.S. Case No. 100 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Vth, Darbhanga.

(Sunil Kumar Panwar, J) Shubham/- U T