Kewal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36171 of 2025 sArising Out of PS. Case No.-87 Year-2024 Thana- CHORAUT District- Sitamarhi ====================================================== 1.

Kewal Mukhiya son of Ramlochan Mukhiya Resident of village- Janki Nagar, Ward No 03, PS- Madhwapur District -Madhubani 2.

Chandrakala Devi Wife of Kewal Mukhiya Resident of village- Janki Nagar, Ward No 03, PS- Madhwapur District -Madhubani 3.

Pappu Mukhiya son of Kewal Mukhiya Resident of village- Janki Nagar, Ward No 03, PS- Madhwapur District -Madhubani 4.

Yogeshwar Mukhiya son of Late Nandu Mukhiya village- Srikhandi Bhitha, Ward no. 5, Ps- Sursand, Dist- Sitamarhi 5.

Guriya Devi Wife of Yogeshwar Mukhiya village- Srikhandi Bhitha, Ward no. 5, Ps- Sursand, Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar bihar 2.

Biltu Mukhiya son of Late Dhanushi Mukhiya village- Bhutaha, PoMeghpur, Ps- choraut, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the State :

Mr.Shailendra Kumar, APP For the O.P. No. 2 :

Mr. Krishna Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Choraut P.S. Case No. 87 of 2024 registered for the offences punishable under Sections 363, 365, 366(A), 34 of the IPC and Section 10 of the POCSO Act.

3. As per allegation, the petitioners and other accused persons kidnapped the minor grand-daughter of the informant.

4. The learned counsel for the petitioners has submitted that the victim did not name the petitioners in her

Patna High Court CR. MISC. No.36171 of 2025(4) dt.09-12-2025 2/2 statement recorded under Section 183 of the BNSS. She named only the co-accused, Mintu Mukhiya @ Mantu Mukhiya @ Mantu Kumar. The petitioners are the father, mother and relatives of Mintu Mukhiya @ Mantu Mukhiya @ Mantu Kumar, therefore, they have falsely been implicated.

5. On the other hand, the learned counsel for the informant and the learned APP for the state have opposed the prayer for bail.

6. The petitioners are the mother, father and relatives of main accused Mintu Mukhiya @ Mantu Mukhiya @ Mantu Kumar. The petitioners are the persons of clean antecedents.

7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special POCSO Court, Sitamarhi in connection with Choraut P.S. Case No. 87 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T