Patna High Court
Pawan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioner.
Summary
Pawan Mukhiya was arrested in connection with the death of his wife Sita Kumari, alleged to have been a homicide involving dowry demands and an illicit relationship. The informant claimed the petitioner hanged the deceased, while the defence argued it was a suicide, a contention supported by the post‑mortem report stating death by asphyxia due to hanging. The lower court denied bail, but the petitioner, who has been in custody for over eight months and has no prior criminal record, filed a bail application under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The High Court noted that the determination of whether the hanging was homicidal or suicidal must await trial and that the prolonged detention was unwarranted. Consequently, the Court granted bail on the condition of a Rs.10,000 bond and two sureties, emphasizing that its observations are prima facie and not a judgment on the merits.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegations and the length of custody.
- Whether the question of homicidal versus suicidal hanging can be deferred pending trial for the purpose of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- criminal procedure
- murder
- dowry
- suicide
- hanging
- post-mortem
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33337 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- SINGHESHWAR District- Madhepura
======================================================
Pawan Mukhiya Son of Manoj Mukhiya, Resident of village Jaghat Shabaila,
Ward No.- 11, P.S.- Singheshwar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 1. Heard learned counsel for the petitioner.
2. The petitioner seeks bail in Singheshwar PS Case
No. 347 of 2025 under Sections 80(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023. This is the first bail application filed
before this Court. The earlier prayer for bail before the learned
Additional District and Sessions Judge, IInd, Madhepura was
rejected vide order dated 30.03.2026 passed in B.P. No. 122 of
2026.
3. The allegation is that the deceased Sita Kumari,
daughter of the informant, was married to the petitioner. The
informant alleges that the petitioner was having an illicit
relationship with his sister-in-law and was demanding dowry.
On the night of 15.10.2025 the accused persons allegedly
hanged the deceased and attempted to perform her last rites, but
Patna High Court CR. MISC. No.33337 of 2026(3) dt.24-06-2026
2/3
the informant reached the cremation ground and the body was
sent for post-mortem examination.
4. Learned counsel submits that the deceased
committed suicide, the marriage having been performed against
her will. The petitioner has been in custody since 17.10.2025
and has no criminal antecedent.
5. The records would show that the learned court
below, in its order dated 30.03.2026, has itself noted the post-
mortem finding as “Cardio Pulmonary arrest due to Asphyxia
due to hanging.” The cause of death as recorded is thus
consistent with the defence version of suicide by hanging. What
is disputed is whether the hanging was homicidal or suicidal.
That determination cannot be made at this stage and must await
trial.
6. The petitioner has been in custody for over eight
months. He has no criminal antecedent. In the facts and
circumstances of the case, this Court is inclined to grant bail.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000 (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Singheshwar PS Case No.
347 of 2025.
Patna High Court CR. MISC. No.33337 of 2026(3) dt.24-06-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Siddharth Soni/-
U T
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