Gulab Mukhiya @ Gulab Chand Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63455 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- BHIMPUR District- Supaul ====================================================== GULAB MUKHIYA @ GULAB CHAND MUKHIYA S/o- LAXMAN MUKHIYA Resident of Village- Bardaha, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 04.01.2021, seeks regular bail in connection with Bhimpur P.S. Case No. 02 of 2021 dated 03.01.2021 registered for offences punishable under Sections 341/376(B) of the Indian Penal Code and Section 4/6 of the POCSO Act.

In view of the specific statement made in paragraph no. 7 of the bail application, the petitioner is directed to file a fresh application before the Court below in light of the said statement.

The Court below without being prejudiced by the

Patna High Court CR. MISC. No.63455 of 2021(3) dt.16-05-2022 2/2 order dated 24.03.2021 shall take the statement of the victim girl, her parents as well as all the independent witnesses whose names have surfaced in course of investigation and pass a fresh order in accordance with law.

With above observation, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T