Suraj Kumar Mukhiya @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7028 of 2025 Arising Out of PS. Case No.-68 Year-2023 Thana- ALINAGAR District- Darbhanga ====================================================== Suraj Kumar Mukhiya @ Suraj Kumar Son of Bheglu Mukhiya @ Bhaglu Mukhiya Resident of Vill- Andauli, P.S.- Alinagar, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP For the Informant :

Mr. Amit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Alinagar P.S. Case No. 68 of 2023, instituted for the offences punishable under Sections 147, 149, 341, 323, 324, 354(B), 504, 506 of the Indian Penal Code read with Sections 66(c), 66(d) and 67 of the IT Act.

3. The prosecution case, in short, is that, the petitioner made fake ID of daughter of the informant on Instagram, uploaded her obscene photographs and made the same viral. On objection, the petitioner along with other co-accused persons assaulted the informant by means of various weapons due to which she sustained injury and also tried to outrage her modesty.

Patna High Court CR. MISC. No.7028 of 2025(2) dt.15-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that neither SIM Card nor mobile phone of the petitioner was used in the alleged offence. The allegations levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is further submitted that learned Magistrate has already taken cognizance in the matter. The petitioner is in custody since 09.11.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have 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

Patna High Court CR. MISC. No.7028 of 2025(2) dt.15-02-2025 3/3 below/concerned Court in connection with Alinagar P.S. Case No. 68 of 2023, 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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