Patna High Court

Suresh MukhiyaversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner’s clean antecedent and lack of direct involvement, anticipatory bail may be granted subject to conditions under Section 482(2) of the Bihar Negotiable Security Act, 2023.

Summary

The petitioner, Suresh Mukhiya, sought anticipatory bail in a complaint case alleging his involvement in a dowry‑death and related offences under Sections 304B and 201 of the IPC. The prosecution alleged that the deceased’s daughter was murdered after a dowry dispute, and that the petitioner, a co‑villager of the husband, was implicated. The petitioner contended he had no direct connection to the crime, maintained a clean antecedent, and argued that the main accusation was against the husband who was already in custody. The State opposed the bail application. Considering the petitioner’s clean record and lack of specific involvement, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Negotiable Security Act, 2023, to be filed within eight weeks of arrest.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused under Sections 304B and 201 IPC.
Whether the petitioner’s alleged involvement warrants denial of bail.
Whether conditions under Section 482(2) of the Bihar Negotiable Security Act, 2023 can be imposed on anticipatory bail.

Legislation cited

Indian Penal Code — s. 201, 304B

Subjects

anticipatory bail
dowry death
IPC 304B
Section 201 IPC
bail conditions
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.829 of 2026
                 Arising Out of PS. Case No.-84 Year-2023 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Suresh Mukhiya S/o Kabilash Mukhiya Resident of village - Thika Bankat,
                 P.S - Pakaridayal, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2. The petitioner apprehends his arrest in a complaint case

                   punishable for the offence under Sections 304 ( B ) and 201 of

                   IPC .

                             3 . As per prosecution case , daughter of informant was

                   married to co-accused Ajay Mukhiya in the year 2022 and after

                   the marriage , she was subjected to cruelty and harassment by

                   all the accused persons due to non-fulfillment of demand of

                   dowry and ultimately the accused persons committed the murder

                   of informant’s daughter.

                         4. Petitioner is co-villager of husband of the deceased. He

                   is simply victim of over implications. Allegation is general and

                   omnibus against this petitioner. Petitioner is separate in mess
            Patna High Court CR. MISC. No.829 of 2026(2) dt.21-01-2026
                                                        2/2




                      and property and has got no concern with deceased and her

                      husband. It is further orally submitted that thrust of accusation

                      is against husband of the deceased who is already in custody .

                      Petitioner claims clean antecedent.

                                   5 . Learned A.P.P. for the State vehemently opposes

                      the prayer for anticipatory bail of petitioner.

                                   6. However, considering the aforesaid facts, clean

                      antecedent of this petitioner and other circumstances of the

                      case , let the above named petitioner, in the event of

                      arrest/surrender within a period of eight weeks from today, be

                      enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                      thousand) each with two sureties of the like amount each to the

                      satisfaction of learned CJM East Champaran at Motihari in

                      connection with Pakridayal P.S. Case No. 84 of 2023 , subject

                      to condition as laid down under Section 482 ( 2 ) of BNSS 2023

                      .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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