Sakaldeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21318 of 2024 Arising Out of PS. Case No.-45 Year-2005 Thana- BHIMPUR District- Supaul ====================================================== Sakaldeo Mukhiya S/o Late Sitay Mukhiya R/o ward no. 2, Kala Govindpur, Jiwachhpur, P.S. - Bhimpur, Distt. - Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard Mr. Amrit Abhijat, learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhimpur P.S. Case No. 45 of 2005 for the offence registered under sections 366 and 379 of the Indian Penal Code lodged on 15.08.2005 by the informant, Tanuk Lal Mukhiya.

3. The matter is of the year 2005 and the allegation is that the informant's wife had Rs. 30,000/- in her bank account as also 1⁄2 kgs. of silver ornaments. He had purchased a piece of land also in the name of his wife. When Manu Mukhiya came to know about it, he ran away with his wife, the informant tried to search, failed to get hold of his wife, the F.I.R.

4. Later, the lady was found at the house of one Satya Narayan Mukhiya. The police submitted final form in the year

Patna High Court CR. MISC. No.21318 of 2024(2) dt.04-04-2024 2/2 2006 but the learned Chief Judicial Magistrate, Supaul differed from it and took cognizance under sections 366, 379 and 497 of the Indian Penal Code in the year 2013.

5. 11 years later, the petitioner started taking steps for grant of relief.

6. In the aforesaid circumstance that in a case of year 2005, he has chosen to take benefit of anticipatory bail 19 years later, it would be appropriate that he seeks bail.

7. Cr. Misc. No. 21318 of 2024 stands rejected. (Rajiv Roy, J) Neha/- U T