Vidyanand Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17501 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- SUPAUL District- Supaul ====================================================== 1.

Vidyanand Mukhiya S/o- Mungay Mukhiya @ Mungalal Mukhiya VillageHardi Tola Bisanpur W.No-6, Ps- Supaul Dist- Supaul 2.

Pawan Mukhiya son of Gango Mukhiya @ Ganga Mukhiya Village- Hardi Tola Bisanpur W.No-6, Ps- Supaul Dist- Supaul 3.

Meena Devi wife of Mungalal Mukhiya @ Mungay Mukhiya Village- Hardi Tola Bisanpur W.No-6, Ps- Supaul Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

Learned counsel for the petitioner, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner No. 2, Pawan Mukhiya. 3.

Permission is accorded.

4.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 307, 506 and 34 of the Indian Penal Code. 5.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.3 is a woman. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that

Patna High Court CR. MISC. No.17501 of 2024(2) dt.27-03-2024 2/2 allegation of assaulting by dabia is against Pawan Mukhhiya, whereas the allegation against the petitioners of assault and abuse is general and omnibus in nature and as far as petitioner no.3 is concerned, she has been alleged to have pressed the scrotum of one Alok Kumar Singh by her hands, it is next submitted that the said allegation has been levelled only to give seriousness to the case when no injury was suffered by him. 6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 3, Vidyanand Mukhiya and Meena Devi, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Supaul P.S. Case No. 559 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T