Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28639 of 2018 Arising Out of PS. Case No.-424 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Bachchu Mukhiya S/o Bauhu Mukhia, R/o Bhanachak Tola, Binwalia, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 29925 of 2018 Arising Out of PS. Case No.-424 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Mukesh Kumar, Son of Lal Bihari Mukhiya, Resident of Bhanachak Tola, Binwalia, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 28639 of 2018) For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta (In Criminal Miscellaneous No. 29925 of 2018) For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2018 Heard learned counsels for the petitioners and the State.

Petitioners seek bail in connection with Majhaulia P.S. Case No. 424 of 2017 registered for the offence punishable under sections 366A/34 of the Indian Penal Code and section 8 of the POCSO Act.

Patna High Court Cr.Misc. No.28639 of 2018(4) dt.17-07-2018 2/2 Learned counsel appearing for the petitioners submits that petitioners have been implicated in this case on suspicion merely because they father and cousin brother of accused Bhuti Mukhiya. As a matter of fact, the victim girl in her statement under section 164 Cr.P.C. has stated that she was not kidnapped by any one and she on her own had left her house and has married Bhuti Yadav and wants to live with him. Learned counsel has produced the certified copy of the statement of the victim made under section 164 Cr.P.C., which is kept on record. Petitioners are men of clean antecedent and are languishing in custody since 07.01.2018.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1st-cum-Special Judge, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 424 of 2017. (Arvind Srivastava, J) mcv/- U T