Ashok Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27112 of 2021 Arising Out of PS. Case No.-935 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Ashok Mukhiya Son of Late Baisakhi Mukhiya @ Vaishakhi Mukhiya Resident of Village - Manpur Godhiyari Ward No. 1, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Ms. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 363A, 506, 34 of the Indian Penal Code and later on added Section 366A of the IPC.

Allegation against the petitioner is that he along with other accused persons kidnapped the daughter of the informant with intend of marriage.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that the occurrence took place on 26.11.2020 but FIR was lodged on 13.12.2020 and there is no reasonable

Patna High Court CR. MISC. No.27112 of 2021(3) dt.28-10-2021 2/2 explanation for the delay. He submits that there is no overt act against the petitioner. He submits that victim has not taken name of the petitioner in her statement recorded under 164 Cr.P.C. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.01.2021.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhepura (Bharrahi OP) P.S. Case No. 935 of 2020.

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