Chhotu Mukhiya @ Chotu Mukhiya v. The State Of Bihar

06 of 2025 IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80881 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- GOVINDGANJ District- East Champaran ====================================================== Chhotu Mukhiya @ Chotu Mukhiya Son of Prabhu Mukhiya R/o Village - Sapaha, PS - Sugauli Dist. - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pitambar Mukhiya Son of Late Surya Mukhiya R/o Village - Binwaliya, PS - Govindganj, Dist. - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2026 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Govindganj P.S. Case No. 216 of 2025 registered for the offence punishable under Sections 137(2) and 96 of the B.N.S., 2023 and Section 8 of the POCSO Act.

3. The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that during the

Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026 2/3 course of investigation, the victim has given her statement recorded under Sections 180 and 183 of the BNSS, wherein she has stated that the petitioner is her brother-in-law. She and her sister, along with this petitioner, have gone on a trip and they have stayed at Motihari. After this, when she asked the petitioner to drop her at her house, he told her to stay there for a night. She stayed there at the house of her sister after the police had apprehended him. He also submits that the petitioner is the brother-in-law, and from the statement of the victim, it is clear that the petitioner has not kidnapped or enticed her. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 26.08.2025.

5. Learned counsel for the informant has conceded to the argument of the learned counsel for the petitioner.

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 District & Additional Sessions Judge-cum-Exclusive Special Judge-VI,

Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026 3/3 POCSO Act, East Champaran, Motihari in connection with Govindganj P.S. Case No. 216 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T