Kuber Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1804 of 2020 Arising Out of PS. Case No.-349 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Kuber Mahto S/o Late Sohan Mahto, Resident of Village - Balua Paregwa, P.S.- Yogapatti, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Yogapatti P.S. Case No.349 of 2019 registered for offence punishable under sections 363/366(A)/504/34 of the Indian Penal Code and section 4 of the POCSO Act.

Allegation has been made to have kidnapped the informant's daughter, namely, Manisha Kumari by one Akshay Lal Mahto for the purpose of marriage. The petitioner is father of said Akshay Lal Mahto and from Annexure-2 which is the statement made by the victim girl shows that she of her own volition has entered into the marriage with said Akshay Lal Mahto and she wants to live with her husband.

Patna High Court CR. MISC. No.1804 of 2020(2) dt.28-02-2020 2/2 Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge-cum-Special Judge, (SC/ST/POCSO), Bettiah, West Champaran in connection with Yogapatti P.S. Case No.349 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T