Dara Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81205 of 2019 Arising Out of PS. Case No.-421 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Dara Mukhiya Son of Thag Mukhiya 2.
Raj Kumar Mukhiya Son of Thag Mukhiya 3.
Jasia Devi W/o Thag Mukhiya 4.
Bhikhari Mukhiya @ Ranjeet Mukhiya Son of Benga Mukhiya All residents of Village - Harpurwa, P.S.- Yogapatti, Distt.- W. Champaran.
5.
Phuljhari Devi W/o Bigu Mukhiya, Resident of Village - Majhaulia Shekh, P.S.- Majhaulia, Distt.- W. Champaran.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/ 34 of the Indian Penal Code.
The prosecution case is to the effect that on 27.07.2019 at about 7.30 P.M., the daughter of the informant went to ease out, when she was kidnapped by the petitioner and other co-accused persons.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case on the basis
Patna High Court CR. MISC. No.81205 of 2019(2) dt.14-02-2020 2/2 of mere suspicion. It is further submitted that the victim girl has been recovered by the police and in her statement recorded under Section 164 of the Cr.P.C. she has stated that she was being assaulted by her mother and consequently she went to her aunt's house on her own. A statement has been made in paragraph-3 of the petition that the petitioners are not having any criminal antecedent. Considering the statement of the victim girl recorded under Section 164 of the Cr.P.C., coupled with the statement made in paragraph-3 of the petition that the petitioners are not having any criminal antecedent.
let the above named petitioners be released on bail, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No.421 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) nawalkrs/- U T