Bhikhar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62187 of 2023 Arising Out of PS. Case No.-249 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== BHIKHAR MUKHIYA Son of Kapildeo Mukhiya R/o vill - Gudra, P.S. - Majhauliya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-10-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Petitioner apprehends arrest in connection with Ramgarhwa P.S. Case No. 249 of 2018 registered for the offences under Section 366(A) & 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the victim in her statement recorded under Section 164 of the Cr. P. C. has not supported the case of the prosecution and stated that she is mother of two children from the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.62187 of 2023(2) dt.16-10-2023 2/2 4.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of 7'th Additional District & Sessions Judge-6'th-Cum-Special Judge, POCSO, East Champaran in connection with Ramgarhwa P.S. Case No. 249 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T