Mukesh Kumar @ Mukesh Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84121 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Mukesh Kumar @ Mukesh Mehta Son of Beju Mehta@ Baiju Mehta Resident of Mohamadpur Kumhari , Police station -Kadva District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and the learned APP.
2. The petitioner is in judicial custody in connection with Dagarua P.S. Case No. 63 of 2024 for the offences punishable under section 363, 366/34 of the IPC lodged on 01.03.2024 by the informant, Pradeep Kumar Das.
3. As per the prosecution story, the informant alleged that the victim suddenly disappeared from house and upon search, it was found that one Shankar Mehta has taken her away. This led to the FIR/arrest.
4. Learned counsel for the petitioner submits that a perusal of the FIR would show that the main allegation is against Shankar Mehta, he being the friend, has been implicated. The petitioner has no criminal antecedent and is in custody since 04.09.2024(para-4 of the petition). The victim girl under Section
Patna High Court CR. MISC. No.84121 of 2024(2) dt.11-12-2024 2/3 164 of the CrPC has also stated that Shankar Mehta left her after which she had gone to her Mausi's house.
5. Learned APP opposes the prayer submitting that his name has also come.
6. Considering the submissions put forward by the parties as also the fact the petitioner is a young person, has no criminal antecedent, is in custody since 04.09.2024, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with aforesaid P.S. Case subject to the following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his
Patna High Court CR. MISC. No.84121 of 2024(2) dt.11-12-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T