Shankar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31336 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Shankar Mukhiya S/o Asharfi Mukhiya R/o Village - Suklarahi, P.S.- Bhairab Asthan , Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bhairab Asthan P.S. Case No. 11 of 2022 registered for the offence under Sections 341, 323, 363, 366, 420, 504, 376/34 of the IPC. The accused/petitioner is named in the F.I.R. and is in custody since 21.03.2022.

The allegation against the petitioner is to commit rape upon informant after kidnapping her, alongwith other co-accused persons, where after kidnapping victim was taken up to Delhi and kept there for long six months.

Learned counsel appearing on behalf of the petitioner submitted that the specific allegation, as regard to rape is available against co-accused, namely, Mantun Kumar and as, this petitioner

Patna High Court CR. MISC. No.31336 of 2022(4) dt.12-12-2022 2/2 was one of the friends of co-accused, namely, Mantun Kumar, was falsely implicated in present case for no reason. It is further pointed out that medical examination of victim also not suggesting that rape was committed upon her. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as specific allegation of rape is available against co-accused, namely, Mantun Kumar, where petitioner is in custody since 21.03.2022, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bhairab Asthan P.S. Case No. 11 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jhanjharpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T