Virendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1879 of 2022 Arising Out of PS. Case No.-496 Year-2021 Thana- Saraiya District- Muzaffarpur ====================================================== Virendra Mahto S/o Bharat Mahto R/o village- Muja Patarahiya, P.S.- Saraiya, O.P.- Jaintpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 496 of 2021 lodged under Sections 366A/ 34 of the I.P.C.

As per the prosecution case, informant is the father of the victim. He has alleged that her daughter went to the school but not returned. The allegation of kidnapping for the purpose of marriage have been made against this accused persons including the present petitioner as such the present case has been lodged. Learned counsel for the petitioner submits that both petitioner informant and accused persons are well known to

Patna High Court CR. MISC. No.1879 of 2022(4) dt.23-08-2022 2/3 each other. He further submits that the victim girl has recovered and in her 164 Cr.P.C. statement, she has disclosed that her age is 19 years. She fell in love with co-accused Karan and went Mumbai where marriage was solemnized between them on 10.07.2021 and presently she has one child from the co-accused Karan. She has also stated in her statement that this marriage was accepted by both the families and she want to reside with her husband. It has been stated by the learned counsel for the petitioner that the alleged victim is residing with the family of her husband. Learned counsel further submits that the present petitioner is the uncle of the husband of the alleged victim. He submits that petitioner is in custody since 14.08.2021, charge sheet has already been filed in this case and petitioner's antecedent is clean.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th West, Muzaffarpur in connection with Saraiya P.S. Case No. 496 of 2021, subject to

Patna High Court CR. MISC. No.1879 of 2022(4) dt.23-08-2022 3/3 the conditions as laid down under Section 437(3) of Cr.P.C. Office is directed to return the copies received from the trial court including case diary.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T