Patna High Court
Girdhar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 61(2), 80
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
2/2
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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