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Patna High Court

Girdhar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail was allowed.

Summary

The petitioner, Girdhar Mukhiya, was arrested in connection with a case (Allouli P.S. Case No. 137/2025) alleging that he killed his wife and other family members over a dowry demand, under Sections 80 and 61(2) of the B.N.S. The petitioner claimed innocence, asserting that he was not present at the scene and that witnesses corroborated his absence. He also highlighted his clean antecedents and his willingness to cooperate with the trial. The State opposed the bail, citing the seriousness of the offences. After considering the facts, the court found the petitioner's arguments credible and granted regular bail on the condition of a Rs. 10,000 bond with two sureties. The order directed the petitioner to be released upon furnishing the bail bond to the Judicial Magistrate of Khagaria.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with dowry‑related homicide under Sections 80 and 61(2) of the B.N.S.
  • Whether the evidence indicating the petitioner’s non‑presence at the crime scene justifies bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • regular bail
  • criminal procedure
  • Sections 80, 61(2) B.N.S.
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89045 of 2025
                       Arising Out of PS. Case No.-137 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Girdhar Mukhiya S/o Tiro Mukhiya @ Triveni Mukhiya R/o vill - South
                 Bahorba, P.s.- Allouli, Distt.- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mritunjay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   30-03-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Allouli

                   P.S. Case No. 137/2025 registered for the offences punishable

                   under Sections 80, 61(2) of B.N.S.

                                3. As per the prosecution case, petitioner is accused of

                   killing his wife along with other family members for demand of

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that from the FIR,

                   it is apparent that the petitioner was not present in the house

                   rather he used to stay outside to earn his livelihood and after

                   death of his wife, he had informed the family of the informant.
              Patna High Court CR. MISC. No.89045 of 2025(4) dt.30-03-2026
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                        It is lastly submitted that during investigation also, the witnesses

                        have said that the petitioner was not present when the deceased

                        was killed. Petitioner has clean antecedent and he is in custody

                        since 11.09.2025. The petitioner undertakes to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

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

                        satisfaction of the learned Judicial Magistrate 1 st class, Khagaria

                        /concerned Court below in connection with Allouli P.S. Case

                        No. 137/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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