Patna High Court
Radhe Mukhiya @ Radha MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in view of the petitioner's lack of criminal antecedent and the general nature of the allegations, bail could be granted.
Summary
The petitioner, Radhe Mukhiya, sought bail in a dowry‑death case (Baheri P.S. Case No. 401 of 2025) where he was alleged to be involved under Sections 80 and 3(5) of the B.N.S., 2023. The prosecution alleged that the deceased, Kamini Kumari, was killed after her husband failed to meet dowry demands. The petitioner contended he was innocent, a false implication, and had no criminal antecedents, noting that the husband was already in custody. The State opposed bail. After hearing both sides, the court considered the lack of specific evidence against the petitioner and his clean record, and consequently ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties. The order directed compliance with the A.C.J.M.-VII at Darbhanga.
Issues considered
- Whether the petitioner is entitled to bail in the dowry‑death case under Sections 80 and 3(5) of the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- Sections 80
- Section 3(5)
- B.N.S. 2023
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6826 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Radhe Mukhiya @ Radha Mukhiya Son of Late Lakhan Mukhiya R/o Village
- Atahar Dih, P.S. - Baheri, Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard Mr. Sabal Kumar Jha, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Baheri P.S. Case No. 401 of 2025 registered for the offence
punishable under Sections 80, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
daughter of the informant, namely, Kamini Kumari (deceased),
was married to Mukesh Kumar Mukhiya. It is further alleged
that after marriage, she was subjected to cruelty on account of
the non-fulfillment of dowry demand of a motorcycle and three
lakh rupees. On 02.10.2025, the informant came to know that
his daughter has been killed and when he went to the
matrimonial house, he found the deceased lying dead.
Patna High Court CR. MISC. No.6826 of 2026(2) dt.11-02-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is father-in-law of the
deceased. The nature of allegation is general and omnibus. He
also submits that the husband is already in custody. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 07.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. 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.-VII at Darbhanga in connection with Baheri P.S. Case
No. 401 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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