Mangal Mukhia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82401 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- KEWATI District- Darbhanga ====================================================== 1.
MANGAL MUKHIA Son of Late Doma Mukhia Resident of Village - Dumri, P.S.- Rahika, District- Madhubani 2.
Savita Devi Wife of Mangal Mukhia Resident of Village - Dumri, P.S.- Rahika, District- Madhubani ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Rajkumar Mukhia Son of Late Buchchi Mukhia Resident of Village - Runway, P.S.- Keoti, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Kamran For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Keoti P.S. Case No. 73 of 2017, disclosing offence under Sections 363, 366 and 34 of the Indian Penal Code. The elder brother of the victim is the informant. There is allegation that son of the petitioners had taken away the victim by alluring her to marry. The victim is allegedly a minor. It is submitted on behalf of the petitioners that they have been
Patna High Court CR. MISC. No.82401 of 2019(3) dt.17-06-2020 2/3 implicated only because they are parents of said Shankar Mukhiya. It is further case of the petitioners that the informant has later on realized the correct state of affairs and has resiled from the allegation of kidnapping made by her in the F.I.R. On perusal of the F.I.R, I find substance in the plea of the petitioner that they have been implicated only because they are the parents of the main accused Shankar Mukhiya.
In view of the aforesaid, in my opinion, the case for grant of anticipatory bail is made out. This application is allowed.
Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Keoti P.S. Case No. 73 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail
Patna High Court CR. MISC. No.82401 of 2019(3) dt.17-06-2020 3/3 bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) AKASH/- U T