Dilip Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.611 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- BHIMPUR District- Supaul ====================================================== Dilip Mukhiya S/O Supat Lal Mukhiya @ Subahlal Mukhiya Resident of village - Belaganj, Ward No. 14, Police Station - Bhimpur, Dist - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXX W/O Chandan MUkhiya Resident of village - Jiwachpur, Ward No. 9, Police Station - Bhimpur, Dist - Supaul.

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bhimpur P.S. Case No. 37 of 2024, instituted for the offences punishable under Sections 452, 323, 504, 506, 376, 354(B), 384 of the Indian Penal Code read with Section 27 of Arms Act and Section 67 of I.T. Act.

3. The prosecution case, in short, is that, the petitioner has repeatedly committed rape upon the informant and also made her obscene picture viral over internet.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.611 of 2025(3) dt.27-03-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is delay of more than ten months in lodging the FIR. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that the informant was not medically examined. The petitioner is in custody since 13.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhimpur P.S. Case No. 37 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.611 of 2025(3) dt.27-03-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T