Rupesh Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45620 of 2017 Arising Out of PS. Case No.-12 Year-2017 Thana- BHIMPUR District- Supaul ====================================================== 1.

Rupesh Mukhiya, Son of Devnarayan Mukhiya, 2.

Dipak Mukhiya, Son of Nathu Mukhiya, Both Resident of Village- Jiwachhpur, Police Station- Bhimpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate Mr. Sanjay Kumar @ S.K., Advocate For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 376/511 and 504/34 of the Indian Penal Code.

Allegation is that the petitioners and two other co-accused on the point of fire arm and dagger with intent to outrage the modesty of the informant caught hold her and made her unclothe in the wheat field and touched her body on various places.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.45620 of 2017(2) dt.03-10-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. From persual of Annexure-2 to the present application, it is evident that there is land dispute between the parties and the matter is pending before the D.C.L.R. It is a case and counter case between the parties.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 C.J.M., Supaul in connection with Bhimpur P.S. case No.12 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T