Shankar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18374 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== 1.
SHANKAR MUKHIYA SON OF MOHAN MUKHIYA RESIDENT OF VILLAGE- BAGHARI, P.S.- SURSAND, DISTRICT- SITAMARHI 2.
BASUMATI DEVI WIFE OF SHANKAR MUKHIYA RESIDENT OF VILLAGE- BAGHARI, P.S.- SURSAND, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sursand P.S. Case no. 294 of 2020 instituted for the offence punishable under Section 366(A)/34 of the Indian Penal Code. As per allegation in the FIR, grand daughter of the informant has been enticed away from her house at midnight by coaccused Manish Kumar and his parents, who are the petitioners . Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. In fact, it is a matter of love affair between the grand-daughter of the informant and
Patna High Court CR. MISC. No.18374 of 2021(8) dt.02-08-2022 2/2 Manish Kumar, son of the petitioners. Both the petitioners are parents of main accused Manish Kumar, against whom there is specific allegation of abducting the grand-daughter of the informant. Petitioners have not participated in the alleged incident. Petitioner's son is also missing since the date of occurrence. Learned APP appearing for the State has opposed the prayer of Bail and submitted that victim girl has not been traced out as yet.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sursand P.S. Case no. 294 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Pupri at Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U