Awadhesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27487 of 2023 Arising Out of PS. Case No.-371 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== AWADHESH MUKHIYA Son of Sri Dhela Mukhiya @ Dhela Raut R/VAwaraiya tiwari tola, PS- Bettiah Muffasil (Banuchhapar) Dist-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 371 of 2020 registered for the offence under Sections 323, 341, 354A, 379 and 506/34 of the Indian Penal Code and Section 18 of the Protection of Children from Sexual Offences Act, 2012.

The accused/petitioner is named in the F.I.R. and is in custody since 29.07.2022.

The allegation against the petitioner is to outrage modesty of minor daughter of informant, aged about 15 years, during course of occurrence and also to assault his son and to taken away the jewellary made up of gold, during course of

Patna High Court CR. MISC. No.27487 of 2023(3) dt.27-06-2023 2/3 occurrence.

Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with present case falsely out of disputes arises out of common passages. It is submitted that there is delay of 09 days in lodging FIR and same appears not explained through FIR. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as present FIR has lodged with unexplained delay of 09 days coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 29.07.2022, let the petitioner, above named, is directed to be released on bail in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 371 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, under POCSO Act, West Champaran at

Patna High Court CR. MISC. No.27487 of 2023(3) dt.27-06-2023 3/3 Bettiah/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T