Rajesh Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34966 of 2014 Arising Out of PS.Case No. -395 Year- 2013 Thana -SUPAUL District- SUPAUL ======================================================

1. Rajesh Mukhiya son of Jageshwar Mukhiya @ Jago Mukhiya

2. Kanchan Devi wife of Rajesh Mukhiya

3. Chandu Mandal son of Late Sitaram Mandal, All 1 to 3 are Residents of Village- Basbitti, Ward No. 5 P.S. and District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-03-2015 Heard both sides.

Petitioners apprehend their arrest in a case under section 409 and other sections of the IPC.

Dinesh Mukhiya made an allegation that allotment was made for construction of house but the money was taken by Rajesh Mukhiya.

It is submitted that the allotment was made in favour of Jugeshwar Mukhiya but Rajesh Mukhiya, the petitioner no.1, had taken the money. The moment Rajesh Mukhiya came to know that allotment was made in favour of Dinesh Mukhiya, he deposited the entire amount.

Considering the facts aforesaid, petitioners, named above, in the event of their arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the

Patna High Court Cr.Misc. No.34966 of 2014 (2) dt.13-03-2015 like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Supaul P.S.Case No.395 of 2013, subject to condition laid down u/s 438(2) Cr.P.C. (Prabhat Kumar Jha, J) ahk/- U T