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Patna High CourtCR. MISC./13810/2017bail granted

China Mukhiya And ANR v. The State Of Bihar

2017-03-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13810 of 2017 Arising Out of PS.Case No. -41 Year- 2015 Thana -BIHRA District- SAHARSA ======================================================

1. China Mukhiya, son of Chhathu Mukhiya, resident of village-Sihaul, P.S.-Bihra, District-Saharsa.

2. Rohit Mukhiya, son of China Mukhiya, resident of village-Sihaul, P.S.- Bihra, District-Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 447, 376, 511, 380 and 506 of the Indian Penal Code.

Co-accused Bijay Mukhiya against whom there was allegation of commission of attempt to rape has already been allowed anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.902 of 2016 considering the delay of two months in filing of the complaint petition. The allegation against the petitioners stands on better footing for grant of anticipatory bail. Considering the aforesaid facts, let the petitioners,

Patna High Court Cr.Misc. No.13810 of 2017 (2) dt.30-03-2017 above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa/Successor Court in connection with Bihra P.S. Case No.41 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Arvind/- U T