Dukhharan Mukhiya @ Dukhran Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28221 of 2026 Arising Out of PS. Case No.-266 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Dukhharan Mukhiya @ Dukhran Mukhiya Son of Liladhar Mukhiya Resident Of Village- Kumhara Vishanpur @ Kumhara Vishnupur, Ps -Dumra, Dist -Sitamarhi ... ... Petitioner

Versus

1.

The State of Bihar 2.

xx Wife of Late shivnath Mukhiya Resident Of Village- Kumhara Vishanpur ward no. 12, Ps -Dumra, Dist -Sitamarhi ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Opposite Party :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No.266 of 2025 registered for the offence under sections 137(2) and 96 of the B.N.S. and Section 12 of the POCSO Act.

3.

One Abhishek Kumar, is said to have kidnapped the minor daughter of the informant. 4.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner is the father of said Abhishek Kumar, who is said to

Patna High Court CR. MISC. No.28221 of 2026(2) dt.07-05-2026 2/3 have kidnapped the minor daughter of the informant. 5.

Learned counsel for the petitioner has drawn the attention of this Court to an order dated 21.01.2026 passed by this Court in Criminal Miscellaneous No.71677 of 2025 (Annexure-P/2), by which similarly situated co-accused namely, Sridevi and Liladhar Mukhiya have been granted anticipatory bail.

6.

Lastly, it has been submitted that the petitioner has clean antecedent.

7.

Considering the fact that the petitioner is the father of co-accused Abhishek Kumar, against whom specific allegation of kidnapping the minor daughter of the informant has been made and also the fact that similarly situated coaccused persons have been granted anticipatory bail by this Court, this application is allowed.

8.

Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI, cum Special Judge (POCSO Act), Sitamarhi / concerned Court below, in connection with

Patna High Court CR. MISC. No.28221 of 2026(2) dt.07-05-2026 3/3 Dumra P.S. Case No.266 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the B.N.S.S.

9.

This is also subject to the condition that the petitioner shall co-operate in the trial and will appear personally or through his advocate on the dates fixed in the trial. (Sandeep Kumar, J) pawan/- U T