Raj Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72435 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- SAKATPUR District- Darbhanga ====================================================== Raj Kumar Mukhiya, Son of Buchai Mukhiya, Resident of Village-Madariya, P.S.-Sakatpur, Distrct-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ugranath Mallik, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Sakatpur P.S. Case No. 55 of 2018, dated 10.09.2018, instituted for the offences under Sections 363, 366 and 366(A) of the Indian Penal Code. It has been alleged in the F.I.R. by the mother of the victim girl that her 15 years old daughter had gone from the house. Later, she was informed that her daughter was seen going along with the petitioner, his wife and one Lalit

Patna High Court Cr.Misc. No.72435 of 2018(2) dt.19-12-2018 2/3 Mukhiya. Hence, the prosecution of the petitioner and others.

The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. In fact, the daughter of the informant was carrying on an affair with Lalit Mukhiya, who is not an outsider but the brother-in-law of the elder sister of the victim girl. After having come to know about the aforesaid aspect, the informant has filed an application before the Court below seeking permission to settle/compound the case with respect to aforesaid Lalit Mukhiya, who too had been made accused in this case.

The aforesaid action of informant lends credence to the argument raised on behalf of the petitioner that the victim girl (daughter of the informant) was in a affair with aforesaid Lalit Mukhiya and which fact has been accepted by the informant.

Considering the facts aforestated as also taking into account the clean antecedents of the petitioner above named, he, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.72435 of 2018(2) dt.19-12-2018 3/3 learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Darbhanga, in connection with Sakatpur P.S. Case No. 55 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T