Ashok Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7247 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- SINGHESHWAR District- Madhepura ======================================================

1. Ashok Mukhiya, son of Bechan Mukhiya,

2. Surendra Mukhiya Son of Ramji Mukhiya, both are resident of VillageLalpur, P.S. - Sinheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Sinheshwar P.S. Case No. 297 of 2018 dated 30.10.2018 instituted for the offences under Sections 366(A) and 34 of the Indian Penal Code. After some arguments, learned advocate for the petitioners seeks permission to withdraw this petition in order to enable the petitioners to surrender before the court below and seek bail.

Should such an application be filed, the court below shall take into account that there is admitted enmity between the parties and that the daughter of the informant came back on the same day and made a statement under Section 164 Cr.P.C. that she was taken

Patna High Court Cr.Misc. No.7247 of 2019(2) dt.07-02-2019 2/2 to some distance whereafter she was left free, and thereafter shall pass orders in accordance with law without being prejudiced by the fact that the present petition has not been entertained. While passing any order the court shall also take into account the clean antecedents of the petitioners.

With the aforesaid direction/observation, the petition is permitted to be withdrawn.

(Ashutosh Kumar, J) krishna/- U T