Patna High CourtCR. MISC./28405/2025bail granted

Santosh Mukhiya v. The State Of Bihar

2025-05-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28405 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- BIHRA District- Saharsa ====================================================== Santosh Mukhiya S/o Lalo Mukhiya R/V Panchgachhiya, Ward No 11, PSBihra, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bihra P.S. Case No. 140 of 2024 registered for the offence under Sections 363, 366 of the Indian Penal Code.

3. As per the FIR, the victim, who is a major, was taken away by the accused persons including the petitioner and his family members.

4. Learned counsel for the petitioner submits that though the allegation against the petitioner is of having sexual intercourse with the victim but during investigation, independent witnesses have said that the victim was in relationship with the petitioner and the petitioner has been falsely implicated in the present case. The petitioner is in

Patna High Court CR. MISC. No.28405 of 2025(2) dt.07-05-2025 2/2 custody since 02.08.2024 and claims clean antecedent.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the submissions of the parties as well as the facts and circumstances of the case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa/concerned Court below in connection with Bihra P.S. Case No. 140 of 2024.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T