Rambrat Mukhiya @ Ram Barat Mukhiya @ Ram Briksha Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37811 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. Rambrat Mukhiya @ Ram Barat Mukhiya @ Ram Briksha Mukhiya S/o Sifat Mukhiya, R/o Vill.- Dagmara, P.S.- Kunauli, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate MS. Nitu Kumari, No.-7, Advocate For the Opposite Party/s : Mr.Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Andhratharhi P. S. Case No. 2 of 2018, corresponding to G.R. No. 35 of 2018, registered for offences punishable under Sections 364 and 365/34 of the Indian Penal Code. Allegation against the petitioner is of abduction of the father of the informant.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and the statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has also not stated about the petitioner and no

Patna High Court Cr.Misc. No.37811 of 2018 (3) dt.03-07-2018 2/2 independent witnesses has supported the prosecution story. It is also submitted that the petitioner has no any criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Andhratharhi P.S. Case No. 2 of 2018 corresponding to G.R. No. 35 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate- III, Jhanjharpur, Madhubani, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T