Patna High CourtCR. MISC./74157/2023bail granted

Hira Mukhiya v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74157 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== HIRA MUKHIYA S/O BHIKHARI MUKHIYA VILLAGE- SANTPUR, WARD NO. 7, NAUTAN, PS. NAUTAN, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 422 of 2022 registered for the offence under Sections 363, 366(A), 34 of the Indian Penal Code and under Section 12 of the POCSO Act.

4. As per the prosecution case, the petitioner is said to have abducted the victim.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the victim girl, in her statement made under Section 161 Cr.P.C. has stated that she had married to the petitioner.

Patna High Court CR. MISC. No.74157 of 2023(2) dt.29-11-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 05.08.2022.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cum-Additional District Judge-VI, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 422 of 2022.

(Sandeep Kumar, J) Vikas/- U T