Hira Mukhiya @ Hiralal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31914 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Hira Mukhiya @ Hiralal Mukhiya son of Devan Mukhiya Village- Narhi Shivpuri w.No-1, Ps- Kishanpur Dist- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kishanpur P.S. Case No.258 of 2023 instituted under Sections 368, 366A/34 of the Indian Penal Code.

3. As per the prosecution case, eight named accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the victim in her statement has not supported the prosecution case, rather, she has stated about her lover affairs and self elopement with the petitioner. He also submits that the age of the victim has been assessed between 18

Patna High Court CR. MISC. No.31914 of 2024(2) dt.22-05-2024 2/2 to 20 years in the medical report. Learned counsel submits that the petitioner has no criminal antecedent and he is not involved in kidnapping of the victim. He further submits that the petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Supaul in connection with Kishanpur P.S. Case No.258 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/AnkitU T