Dharmendra Mukhiya @ Dhamendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48182 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== DHARMENDRA MUKHIYA @ DHAMENDRA MUKHIYA S/o HARENDRA MUKHIYA R/o VILLAGE-BAIRIYA WARD No. 4, P.SRAMGARHWA, DISTRICT-EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Sugauli Rail PS Case No. 06/2021 registered for the offence punishable under Sections 370 of the IPC and under Section 79 of the Juvenile Justice Act, 2015.

As per First Information Report, the informant, an S.I/GD 47 BN, SSB, Pankota saw on the railway platform two minor children with a person in suspicious condition and upon enquiry, they disclosed their name as Brijesh Kumar aged about 17 years and Ranjit Yadav aged about 16 years and they

Patna High Court CR. MISC. No.48182 of 2021(2) dt.11-03-2022 2/3 further disclosed that they were going to Surat along with the petitioner in order to work in a thread factory. Learned counsel for the petitioner submits that the boys, who were going with the petitioner, are co-villagers of the petitioner and they were going for work after taking permission from their parents and there is no allegation that at any point of time, the petitioner induced or allured them for their exploitation. Learned counsel next submits that petitioner has got no criminal antecedent and he was never indulged in child trafficking and he is in custody since 09.04.2021. The chargesheet has been submitted in the matter.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that the children going with the petitioner are his co-villagers, petitioner has got no criminal antecedent, he is in custody since 09.04.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, DHARMENDRA MUKHIYA @ DHAMENDRA MUKHIYA be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.48182 of 2021(2) dt.11-03-2022 3/3 in connection with Sugauli Rail PS Case No. 06/2021. (Anil Kumar Sinha, J) perwez U T