Ghanshyam Mukhiya @ Ganshyam Mukiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83143 of 2024 Arising Out of PS. Case No.-276 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Ghanshyam Mukhiya @ Ganshyam Mukiya, S/O Hare Mukiya @ Shri Hare Mukhiya, Resident of Village- Lakshmipur, Police Station- Baheri, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivani Kumari, D/O Late Amrit Manjhi, R/O Village- Aadharpur, P.SBaheri and Distt.- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-03-2025 Heard Mr. Nilendu Kumar Choudhary, learned counsel for the petitioner, learned counsel for the informant and Mr. Bharat Lal, learned APP for the State.

2. The petitioner has prayed for bail in connection with Baheri P.S. Case No.276 of 2024 registered for the offence punishable under Section 76 of the B.N.S. and Sections 8/12 of the POCSO Act.

3. The case of the prosecution is that the informant was grazing her goats. It is alleged that in meanwhile, Ghanshyam Mukhiya arrived, gagged her mouth and teased her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.83143 of 2024(4) dt.27-03-2025 2/2 committed no offence. He has been falsely implicated in this case. It has further been submitted that in this case, trial has started and the victim has been examined as P.W.-1. In her examination-in-chief, she has stated that nothing has happened with her. It has also been by learned counsel for the petitioner that parties have compromised the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 10.08.2024.

5. The learned counsel for the informant is present and he has got no objection to the above submission.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge (POCSO Act), Darbhanga in connection with Baheri P.S. Case No. 276 of 2024. (Ashok Kumar Pandey, J) lata/- U T