Mahendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4442 of 2025 Arising Out of PS. Case No.-24 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Mahendra Mukhiya Son of Kamresh Mukhiya Resident of village- Naya Tola ward no.- 10 Patjirwa, PS- Srinagar, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madan Sah Son of Late Bhola Sah Resident of Pujaha Mai Astham, P.S.- Srinagar, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 366A/34 of the IPC read with Section 8 of the POCSO Act.

3.

As per the prosecution case, the petitioners and other coaccused persons kidnapped the minor daughter of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. It is further submitted that the daughter of informant herself went with the petitioner. The petitioner and daughter of informant have solemnized marriage and this

Patna High Court CR. MISC. No.4442 of 2025(2) dt.21-02-2025 2/2 statement is fully supported by the victim herself, who is present in the Court. The petitioner has no criminal antecedent and has been rotting in judicial custody since 09.12.2024. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Srinagar P.S. Case No.24 of 2022.

(Anjani Kumar Sharan, J) shikha/- U T