Patna High CourtCR. MISC./19783/2021allowed

Subhash Mukhiya@ Subhash Kumar v. The State Of Bihar

2022-01-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19783 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- SRINAGAR District- West Champaran ====================================================== 1.

SUBHASH MUKHIYA@ SUBHASH KUMAR SON OF LATE CHOKAT MUKHIYA RESIDENT OF VILLAGE- MANGALPUR RAKHAI, P.S.- SRINAGAR, DISTRICT- WEST CHAMPARAN 2.

AJAY MUKHIYA @ AJAY KUMAR SON OF LATE RAMNATH MUKHIYA RESIDENT OF VILLAGE- MANGALPUR RAKHAI, P.S.- SRINAGAR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-01-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Srinagar (Pujahan) P.S. Case No. 33 of 2020 registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and section 8 of the POCSO Act. Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case. The present first information report has been lodged after three weeks of the alleged occurrence without there being any plausible explanation for the delay. Petitioners

Patna High Court CR. MISC. No.19783 of 2021(3) dt.21-01-2022 2/2 have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Bettiah, West Champaran in connection with Srinagar (Pujahan) P.S. Case No. 33 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U