Rajesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33266 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -BHAIRABASHTHAN District- MADHUBANI ======================================================

1. Rajesh Mukhiya, Son of Janak Mukhiya, Resident of Village- Kaithbar, P.S.- Sakatpur, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 The petitioner seeks regular bail in connection with Bhairabsthan P.S. Case No. 62 of 2016, registered for offences punishable under Sections 366, 376 and 323 of the Indian Penal Code.

Allegation against the petitioner that he kidnapped the victim girl and took her to Pune where she forcibly committed rape and married her against her will, thereafter, he left her to her fathers house and not ready to keep her.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Petitioner and informant has married with each other and out of the said wedlock, a child was born and petitioner is ready to keep her and the informant now is also ready to live with him. Further petitioner has been in

Patna High Court Cr.Misc. No.33266 of 2017 (2) dt.25-07-2017 2/3 judicial custody since 16.04.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, Madhubani, in connection with Bhariabsthan P.S. Case No. 62 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.33266 of 2017 (2) dt.25-07-2017 3/3 At the same time trial court is directed to expedite the trial and try to conclude it within a period of six months. (Vinod Kumar Sinha, J) sunil/- U T