Arun Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7404 of 2020 Arising Out of PS. Case No.-346 Year-2019 Thana- BARARI District- Katihar ====================================================== 1.

Arun Mukhiya Son of Late Fudan Mukhiya Resident of Village - Devi Bareta, P.S. - Barari, District - Katihar.

2.

Gagan Mukhiya Son of Late Fudan Mukhiya Resident of Village - Devi Bareta, P.S. - Barari, District - Katihar.

3.

Tufani Mukhiya Son of Arun Mukhiya Resident of Village - Devi Bareta, P.S. - Barari, District - Katihar.

4.

Vikash Mukhiya @ Vikash Kumar Son of Goni Mukhiya Resident of Village - Devi Bareta, P.S. - Barari, District - Katihar. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Barari P.S. Case No. 346 of 2019 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. There are no specific allegations against the petitioners. It is further submitted that the daughter of petitioner no. 1 has submitted an

Patna High Court CR. MISC. No.7404 of 2020(2) dt.02-03-2020 2/3 application before superior police officers stating that the informant used to call on her mobile and was talking to her in filthy language and has tried to abduct her.

Learned APP has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein it is submitted that the daughter of petitioner no. 1 has alleged vide Annexure '2' that Abhishek Kumar (informant of this case) was making her calls on different mobiles and was talking to her in filthy language and has threatened her to lift away and thereafter the further submission is that the informant himself has gone to the house of the accused and the injury report as contained in Annexure '3' shows simple injury, there are no specific allegations against the petitioners, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Barari P.S. Case No. 346 of 2019 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Katihar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.7404 of 2020(2) dt.02-03-2020 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T