Suresh Mukhia v. The State Of Bihar

Patna High Court Cr.Misc. No.42727 of 2017 (3) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42727 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -BASNAHI District- SAHARSA ======================================================

1. Suresh Mukhia Son of Late Mukhia, R/o village- Bargoan, P.S.- Basnahi, District- Sahara.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Basnahi P.S. Case No. 63 of 2016, registered for offences punishable under Sections 366A/34 of Indian Penal Code. Allegation against the petitioner that he kidnapped the daughter of the informant and handed over her to other accused persons of this case, who committee rape on her and confined her in Jalandhar for two months.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no specific allegation has been made and he is next door neighbour of the informant. Further he has been in judicial custody since 13.05.2017. Learned counsel for the State and learned counsel for the informant opposed the prayer for bail and submitted that the girl in

Patna High Court Cr.Misc. No.42727 of 2017 (3) dt.16-10-2017 her statement recorded under Section 164 Cr.P.C. has clearly stated that this petitioner with the help of his wife had kidnapped her and handed over her to other accused persons. Having heard both sides, considering the fact and circumstances of the case and serious nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, petitioner may renew his prayer for bail after substantial progress in trial before the trial court itself and if any such application is filed the trial court after considering the materials available at that time, shall pass an appropriate order, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U