Feku Kumar @ Feku Mukhiya @ Mohit Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58596 of 2018 Arising Out of PS.Case No. -30 Year- 2015 Thana - Bagaha MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Feku Kumar @ Feku Mukhiya @ Mohit Mukhiya S/o Late Bikau Mukhiya @ Chandar Mukhiya @ Chander, R/o Vill.- Belwaniya, P.S.- Shikarpur, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.
The petitioner seeks bail in Bagaha Mahila P.S. case No. 30 of 2015 registered under Section 366A, 506/34 of the Indian Penal Code.
The informant suspected that petitioner and others might have kidnapped his minor daughter.
The learned counsel for the petitioner submits that victim recovered during the course of investigation and her statement under Section 164 of the Cr. P. C. was recorded. She disclosed that petitioner took her to Ludhiana. It is submitted that victim herself is major. The police after investigation submitted charge sheet under Section 366A of the IPC only. The statement
Patna High Court Cr.Misc. No.58596 of 2018 (2) dt.20-09-2018 2/2 of the victim shows that she was a consenting party and she traveled all along with the petitioner to Ludhiana. The petitioner is in jail since 31.08.2015.
Considering the nature of allegation made against the petitioner and the fact that petitioner is in jail for last three years, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-Bagaha, West Champaran in connection with Bagaha Mahila P.S. case No. 30 of 2015. (Prabhat Kumar Jha, J) BKS/- U T