Rabindra Mukhiya And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39082 of 2020 Arising Out of PS. Case No.-96 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== 1.

RABINDRA MUKHIYA AND OTHERS son of Jharilal Mukhiya Resident of Vill.- Maujaha, P.S.- Kishanpur, District- Supaul. 2.

Nunulal Mukhiya son of Jharilal Mukhiya Resident of Vill.- Maujaha, P.S.- Kishanpur, District- Supaul.

3.

Shivchandra Mukhiya Jharilal Mukhiya Resident of Vill.- Maujaha, P.S.- Kishanpur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A/34 and 376 of the Indian Penal Code.

Allegation against the petitioners is that they along with other accused persons abducted the sister of the informant. It is also alleged that co-accused Birendra Mukhiya demanded a ransom of Rs. 25,000/- and snatched Rs. 3000/- from his packet. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and

Patna High Court CR. MISC. No.39082 of 2020(3) dt.13-12-2021 2/2 omnibus allegation levelled against the petitioner. He submits that there is specific allegation against co-accused Birendra Mukhiya. This fact has also come in the statement of the victim recorded under Section 164 Cr.P.C. Petitioners are associates of co-accused Birendra Mukhiya. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kishanpur P.S. Case No. 96 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T