Pramod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10069 of 2020 Arising Out of PS. Case No.-179 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

PRAMOD MUKHIYA Son of Bhain Mukhiya @ Bhaiyan Mukhiya Partners of Village - Singarpur, Ward No. 2, P.S.- Uda Kishunganj, Distt - Madhepura.

2.

Subodh Mukhiya Son of Bhain Mukhiya @ Bhaiyan Mukhiya Partners of Village - Singarpur, Ward No. 2, P.S.- Uda Kishunganj, Distt - Madhepura. 3.

Dilkhush Mukhiya Son of Bhain Mukhiya @ Bhaiyan Mukhiya Partners of Village - Singarpur, Ward No. 2, P.S.- Uda Kishunganj, Distt - Madhepura. 4.

Bal Chandra Mukhiya @ Balchan Mukhiya Son of Chhattu Mukhiya @ Chattu Mukhiya Partners of Village - Singarpur, Ward No. 2, P.S.- Uda Kishunganj, Distt - Madhepura.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504, 324, 307, 379 & 506 of the Indian Penal Code. While the informant's son had gone to hearing songs on D.J. instrument, co-accused Binod Mukhiya was abusing her son when she questioned him why he is abusing, he along with other accused persons started abusing her. Coaccused Binod Mukhiya assaulted her with lathi causing fracture

Patna High Court CR. MISC. No.10069 of 2020(2) dt.02-03-2020 2/2 injury on her head and she fell down. When some persons rushed in her rescue they also assaulted them. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Binod Mukhiya. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in connection with Uda-Kishunganj P.S. Case No.179 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T