Patna High CourtCR. MISC./2079/2024bail rejected

Vijay Mukhiya v. The State Of Bihar

2024-01-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2079 of 2024 Arising Out of PS. Case No.-232 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== Vijay Mukhiya Rajo Mukhiya R/o- Village- Saroni Kala Ward No 09 PSBihariganj Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bihariganj P.S. Case No. 232 of 2022 lodged under Sections 304B and 201 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against seven named accused persons including the petitioner. It is an offence under Section 304B of the I.P.C. i.e., dowry death and petitioner is the husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner is in custody since 21.07.2023 having clean antecedent.

5. Counsel also submits that the other co-accused

Patna High Court CR. MISC. No.2079 of 2024(2) dt.24-01-2024 2/2 have been granted bail by the Co-ordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 25052 of 2023 .

6. Learned counsel for the State opposes the prayer for bail and submits that till date charge has not been framed in this case.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail 9 months after framing of charge.

9. The trial court is directed to expedite the trial. (Dr. Anshuman, J.) Prakashmani/- U T