Dinesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3368 of 2022 Arising Out of PS. Case No.-194 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== Dinesh Mukhiya, Son Of Late Mahabir Mukhiya, R/O Village- Bhith Bhagwanpur, P.S.- Madhepur, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Madhepur P.S. Case No. 194 of 2020 registered for the alleged offence under Sections 341, 323, 324. 354(B), 325, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, the co-accused including the petitioner assaulted the informant and attempted to outrage her modesty. The petitioner also assaulted the husband of the informant with rod causing fracture on finger of right hand. It has been submitted by the learned counsel for the petitioner that no occurrence as alleged took place in the manner stated in the FIR which has been registered belatedly. The

Patna High Court CR. MISC. No.3368 of 2022(2) dt.06-06-2022 2/2 petitioner is in custody since 16.03.2021. The co-accused, namely, Indal Mukhiya has been allowed the privilege of bail by a coordinate Bench of this Court vide order dated 07.04.2022 passed in Cr. Misc. No.63679 of 2021.

Having regard to the facts and circumstance and submissions made on behalf of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No.194 of 2020, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner, preferably one of his parents. (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T