Ajay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21866 of 2016 ====================================================== Ajay Mukhiya, Son of Sri Anil Mukhiya, Resident of Village- Hardikol, P.S Bhawanipur, District Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bhawanipur P.S. Case No. 235 of 2015, registered under Sections 363(A), 323 and 504 of the Indian Penal Code. The allegation of informant is that on 18.10.2015 she had gone to Katihar for urgent work and when she returned in the evening then her daughter Mamta Kumari informed her that her son Gautam Kumar was taken by Ajay Mukhiya (Petitioner) in the evening, but he did not return. Thereafter, she went to the house of the petitioner and made query about her son then he replied that he left Gautam Kumar at Haldicall Chowk. The informant raised suspicion that her son has been kidnapped by this petitioner and one Kailu Mukhiya due to land dispute.

Patna High Court Cr.Misc. No.21866 of 2016 (3) dt.27-07-2016 2/2 Learned counsel for the petitioner submits that, in fact, petitioner is nephew of the informant and he has falsely been implicated in this case due to land dispute as admitted by the informant in his written statement. Moreover the occurrence is of 18.10.2015 and F.I.R. lodged on 28.10.2015. Further submission is that petitioner having no criminal antecedent is in custody since 21.12.2015 and Chargesheet has already been submitted against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Purnea in connection with Bhawanipur P.S. Case No.235 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T