Hare Ram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29777 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- MADHEPUR District- Madhubani ====================================================== Hare Ram Mukhiya S/o Tetar Mukhiya R/o vill - Bhakhrain, P.S.- Madhepur, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2025 Heard the parties.

2. The petitioner is in custody in connection with Madhepur P.S. Case No. 150 of 2024 for the offence punishable under sections 137(2), 96, 115, 76, 352, 351(2) and 3(5) of the B.N.S., lodged on 18.10.2024 by the informant, Ruby Devi.

3. As per the prosecution story, the informant alleged that her daughter had gone to see the Durga Pooja 'Mela' from where she disappeared, upon information when they went to enquire the matter, the allegation is that this petitioner alongwith other members assaulted both the informant as also her husband. She was sent to the hospital for treatment where after the F.I.R.

4. Learned counsel for the petitioner submits that allegation of elopement is against Nitish Kumar, the allegation is that she went to the house of Ranjeet Mukhiya where the

Patna High Court CR. MISC. No.29777 of 2025(3) dt.13-08-2025 2/3 alleged incident took place, though the role of the petitioner has given that he tried to outrage the modesty and also assaulted. There is no injury report, he is in custody since 02.01.2025 and has no criminal antecedent.

5. Learned APP opposes the prayer for bail submitting that allegation of assault/outraging the modesty is there.

6. Considering the submissions of the parties as also that the petitioner has no criminal antecedent and is in custody since 02.01.2025, in that background, this Court is inclined to extend him the privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jhanjharpur, Madhubani, in connection with Madhepur P.S. Case No. 150 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.29777 of 2025(3) dt.13-08-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and shall be submitting the attendance certificate granted by the Police Station after six months; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T