Patna High CourtCR. MISC./70930/2023allowed

Bullet Mukhiya v. The State Of Bihar

2023-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70930 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Bullet Mukhiya Son Of Harendra Mukhiya R/O Village- Mangalpur, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons is said to have abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the statement of the victim was recorded under Section 161 Cr.P.C. in which she has not supported the prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of

Patna High Court CR. MISC. No.70930 of 2023(2) dt.28-11-2023 2/2 the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the statement of the victim recorded under Section 161 Cr.P.C., let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Srinagar P.S. Case No.28 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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