Upendra Mahto @ Upendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25631 of 2015 Arising Out of PS.Case No. -31 Year- 2013 Thana -MAHILA P.S. District- SAMASTIPUR ====================================================== Upendra Mahto @ Upendra Kumar son of Badri Mahto, Resident of village- Ram Nagar, Police Station- Hassanpur, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 The petitioner is languishing in custody since 27.3.2015 in connection with Mahila (women)P.S. Case No.31 of 2013 for the offences instituted under Sections 363A/ 376/34 of the I.P.C.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that there is allegation of enticing the daughter of the informant away by co-accused Dilip Mahto and the petitioner is said to have also accompanied him.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.3.2015 and the charge sheet has submitted in the present case. Petitioner's name has come in this
Patna High Court Cr.Misc. No.25631 of 2015 (3) dt.12-08-2015 2/2 case in course of investigation. The victim in her 164 Cr.P.C. statement has stated that the petitioner has also accompanied the main accused, namely, Dilip Mahto who is alleged to have committed offence under Section 376 I.P.C.
On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. rather his name has come during course of investigation.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 A.C.J.M., Samastipur, in connection with Mahila (Women) P.S. Case No.31 of 2013.
(Sudhir Singh, J) AnilKrSinha/- U T