Patna High Court
Dukhharan Mukhiya @ Dukhran MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Dukhharan Mukhiya, sought anticipatory bail fearing arrest in a case (PS Dumra Case No. 266/2025) involving alleged kidnapping of a minor, charged under sections 137(2) and 96 of the B.N.S. and section 12 of the POCSO Act. He asserted that he is innocent, is the father of the co‑accused Abhishek Kumar, and has a clean antecedent. The petitioner relied on a prior order (Cr. Misc. No. 71677/2025) where similarly situated co‑accused were granted anticipatory bail. The Court considered the petitioner's relationship to the co‑accused, the lack of prior criminal record, and the precedent, and decided to grant anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to cooperate with the trial, subject to the conditions of Section 438(2) CrPC and Section 482 B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the B.N.S. and POCSO Act
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to similarly situated co‑accused justify the relief
Legislation cited
- B.N.S.S. — s. 137(2), 482, 96
- Criminal Procedure Code — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- Criminal Procedure Code
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28221 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Dukhharan Mukhiya @ Dukhran Mukhiya Son of Liladhar Mukhiya Resident
Of Village- Kumhara Vishanpur @ Kumhara Vishnupur, Ps -Dumra, Dist
-Sitamarhi
... ... Petitioner
Versus
1. The State of Bihar
2. xx Wife of Late shivnath Mukhiya Resident Of Village- Kumhara Vishanpur
ward no. 12, Ps -Dumra, Dist -Sitamarhi
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate
For the Opposite Party : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Dumra P.S. Case No.266 of 2025 registered for
the offence under sections 137(2) and 96 of the B.N.S. and
Section 12 of the POCSO Act.
3. One Abhishek Kumar, is said to have
kidnapped the minor daughter of the informant.
4. It has been submitted by the learned counsel
for the petitioner that the petitioner is innocent and he has
falsely been implicated in this case. He further submits that the
petitioner is the father of said Abhishek Kumar, who is said to
Patna High Court CR. MISC. No.28221 of 2026(2) dt.07-05-2026
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have kidnapped the minor daughter of the informant.
5. Learned counsel for the petitioner has drawn
the attention of this Court to an order dated 21.01.2026 passed
by this Court in Criminal Miscellaneous No.71677 of 2025
(Annexure-P/2), by which similarly situated co-accused namely,
Sridevi and Liladhar Mukhiya have been granted anticipatory
bail.
6. Lastly, it has been submitted that the
petitioner has clean antecedent.
7. Considering the fact that the petitioner is the
father of co-accused Abhishek Kumar, against whom specific
allegation of kidnapping the minor daughter of the informant
has been made and also the fact that similarly situated co-
accused persons have been granted anticipatory bail by this
Court, this application is allowed.
8. Let the petitioner, above named, in the event
of his arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-VI, cum Special Judge (POCSO
Act), Sitamarhi / concerned Court below, in connection with
Patna High Court CR. MISC. No.28221 of 2026(2) dt.07-05-2026
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Dumra P.S. Case No.266 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the B.N.S.S.
9. This is also subject to the condition that the
petitioner shall co-operate in the trial and will appear personally
or through his advocate on the dates fixed in the trial.
(Sandeep Kumar, J)
pawan/-
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