Jago Mukhiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32125 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -SUPAUL District- SUPAUL ======================================================
1. Jago Mukhiya Son of late Raghunath Mukhiya
2. Ram Lakhan Mukhiya Son of late Sahdeo Mukhiya
3. Geeta Devi Wife of Ram Lakhan Mukhiya
4. Cahndan Mukhiya son of Satrudhan Mukhiya
5. Satrudhan Mukhiya@ Satrughan Mukhiya son of Jago Mukhiya Resident of Basbitti, Police station & District- Supual. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Supaul P.S.Case no.61 of 2018 , registered for offences punishable under Sections 366, 366A and 34 of the Indian Penal Code.
Allegation against the petitioners is kidnapping the minor daughter of the informant.
Submission of the learned counsel for the petitioners is that prior to lodging the present case a case of kidnapping was also lodged and in that case statement of the girl has been recorded under Section 164 Cr.P.c. and she has denied the allegation of
Patna High Court Cr.Misc. No.32125 of 2018 (4) dt.03-08-2018 2/3 kidnapping. Later on the present case has been lodged and the statement of the girl has been recorded in this case also in which she has denied the story of kidnapping. She has disclosed her age as 19 years.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the petitioners have criminal antecedents..
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Supaul P.S.Case no.61 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.
Patna High Court Cr.Misc. No.32125 of 2018 (4) dt.03-08-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T