Sanoj Mukhiya @ Sunny Dewal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2081 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Sanoj Mukhiya @ Sunny Dewal, aged 22 years, (M), son of Brahmdeo Mukhiya @ Brahmdev Mukhiya, Resident of village- Hardiya, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, adv.

For the Opposite Party/s :

Mr.Sri Atul Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Raxaul P.S. Case No. 51 of 2018 registered for the offences punishable under Sections 366-A, 34 of the Indian Penal Code.

Informant has alleged that he had settled marriage of her daughter with one Suman Kumar but on 13.03.2018 petitioner including other accused persons kidnapped her daughter with intention to marry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.2081 of 2019(3) dt.20-02-2019 2/3 falsely implicated in this case. There is delay of 9 days in lodging the FIR, without explaining the plausible reason. Petitioner has no criminal antecedent and is in custody since 08.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari, in connection with Raxaul P.S. Case No. 51 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court Cr.Misc. No.2081 of 2019(3) dt.20-02-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T