Patna High Court
Jagarnath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court rejected the regular bail application, holding that the petitioner cannot be released until charges are framed.
Summary
The petitioner, Jagarnath Mukhiya, was arrested on 2 May 2025 in connection with an alleged dowry‑related death of his wife, who was said to have died on 1 May 2025. The informant alleged that after a 13‑year marriage and the birth of three children, the petitioner and others demanded a motorcycle, tortured the victim for non‑payment, and she subsequently died. The petitioner contended that the allegations are false, that the victim suffered from natural diseases, no post‑mortem was conducted, and no death certificate exists. The State argued that the death is undisputed and that the case is filed under Section 103 of the B.N.S., emphasizing the need for a thorough investigation. The informant indicated she would not oppose bail as the children disclosed the death was natural, but the prosecution maintained the seriousness of the charge. The court noted that charges have not yet been framed against the petitioner and, after hearing both sides, declined to grant bail. It directed that the petitioner may renew his bail prayer after the charges are framed.
Issues considered
- Whether bail should be granted to the petitioner pending framing of charges under Section 103 of the B.N.S.
- Whether the absence of a post‑mortem report and death certificate affects the bail decision
- Whether the informant's lack of opposition to bail influences the court's discretion
Legislation cited
- B.N.S. — s. 103
Subjects
- dowry death
- bail
- Section 103
- post‑mortem
- death certificate
- informant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72077 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Jagarnath Mukhiya Son of Baldeo Mukhiya Resident of Village - Hari
Chapra, P.S.- Dumra, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
For the Informant : Ms. Smiti Bharti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant, Ms. Smiti Bharti.
2. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 02.05.2025 and the informant alleges that marriage of her
daughter was solemnized with the petitioner about 14 years ago,
after one year of marriage, the accused persons including the
petitioner started demanding a motorcycle and on account of
non-fulfillment of the demand, the victim was tortured, but on
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account of intervention of well wishers, the issue was pacified,
it is further alleged that out of the wedlock, three children were
born, it is next alleged that on account of non-fulfillment of
dowry demand, the victim was killed on 01.05.2025.
3. Learned counsel for the petitioner submits that
petitioner, being husband, has been falsely implicated in the
instant case by the informant. It is next submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that informant is not an eye witness to the occurrence, though
there is allegation of demand of dowry and torture, but then it is
submitted that the marriage was 13 years old and in these 13
years, no case ever came to be instituted either by the informant
or the victim alleging demand of dowry and torture. It is next
submitted that out of the wedlock, three children were born who
presently are with the informant. It is also submitted that the
victim was suffering from various diseases and she died a
natural death, as such, the postmortem was not conducted, on
which the learned APP for the State, Mr. Chandra Bhusnan
Prasad, submits that no doubt the marriage was 13 years old,
but then what is not disputed rather stands admitted is that the
victim died. It is also submitted by the learned APP that if the
victim died a natural death, in that event the same could have
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been certified by a certificate of the doctor, who was treating
her, but then no such death certificate is on record. It is also
submitted that that had postmortem of the dead body been
carried out at least the cause of death could have been
ascertained, but then that is also not the case. It is further
submitted that the case has been instituted under Section 103 of
the BNS.
4. Learned counsel appearing on behalf of the
informant, Ms. Smiti Bharti, submits that she has instructions to
make submission not to opposes the regular bail application of
the petitioner for the reason that subsequent to institution of the
instant FIR, the children disclosed to her that the victim died a
natural death, on which the learned APP submits that it appears
that the informant is not interested in pursuing the case.
5. On query of the Court from the learned counsel
appearing on behalf of the petitioner whether charges have been
framed against the petitioner or not, on which it is fairly
submitted by the learned counsel appearing on behalf of the
petitioner that the charges, till date, have not been framed.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail,
accordingly, the instant regular bail application stands
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rejected.
7. However, it is made clear that the petitioner would
be at liberty to renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
Rishabh/-
U T
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