Satendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4914 of 2022 Arising Out of PS. Case No.-371 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Satendra Mukhiya Son of Sri Dhela Mukhiya @ Dhela Raut @ Dela Raut Resident of Village - Awaraiya, Tiwari Tola, P.S. - Bettiah Muffasil (Banuchhapar), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 371 of 2020 instituted for the offences under Sections 323, 341, 354-A, 379, 506 and 34 of the Indian Penal Code and 18 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Learned counsel for the petitioner submits that the petitioner is in custody since 12.10.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant has alleged that when his daughter was going to attend the call of nature, the accused Awadhesh Mukhiya who is

Patna High Court CR. MISC. No.4914 of 2022(2) dt.08-06-2022 2/3 the petitioner's brother came and caught hold the hand of the victim and tried to drag her near the orchard. When the victim raise alarm, her brother came to rescue her but in the meantime petitioner and his another brother namely, Rajat Mukhiya armed with lathi came there and started assaulting the son of the informant with the intention to kill him. Later on villagers came there and save the victim and her brother. It is further alleged that the petitioner has snatched gold chain weighing about 06 grams and took out Rs. 2,000/- from his pocket. Learned counsel for the petitioner further submits that due to previous enmity, this false case has been lodged against the accused persons.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 12.10.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, under POCSO Act, West Champaran, Bettiah in connection with Bettiah

Patna High Court CR. MISC. No.4914 of 2022(2) dt.08-06-2022 3/3 Muffasil (Banuchhapar) P.S. Case No. 371 of 2020. (Khatim Reza, J) Gaurav Kumar/- U T