Vikash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21621 of 2024 Arising Out of PS. Case No.-227 Year-2020 Thana- LAURIA District- West Champaran ====================================================== VIKASH MUKHIYA S/o Radha Mukhiya Resident of Village-Sisai, P.S.- Lauriya, Distt.-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SULEMAN MIYA S/o Late Hasim Miya Resident of Village-Sisai, P.S.- Lauriya, Distt.-West Champaran.

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Lauriya P.S. Case No. 227 of 2020 registered for the offences punishable under Sections 363, 366(A), 504, 34 of the Indian Penal Code and Section 8 of POCSO Act.

3. Allegedly, all the accused persons including the petitioner are said to have abducted the minor daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.21621 of 2024(3) dt.12-07-2024 2/3 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Some of the witnesses have already been examined in the trial. The statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case and stated that she has solemnized marriage with the petitioner and wants to live with him. He further submits that the petitioner has two criminal antecedents and he is in custody since 25.12.2023.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the submissions made as well as the period of custody, the above named petitioner is directed to be enlarged 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 Lauriya P.S. Case No. 227 of 2020.

7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for

Patna High Court CR. MISC. No.21621 of 2024(3) dt.12-07-2024 3/3 cancellation of bail bond of the petitioner before the learned Court below.

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