Alok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6179 of 2022 Arising Out of PS. Case No.-518 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Alok Mahto S/o Laxman Mahto Resident of Village- Nethua, P.S.- Marhawrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Madhawrah P.S. Case No. 518 of 2019, registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with co-accused Gaurav Mahto kidnapped the minor daughter of informant.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence. During course investigation, none of the prosecution witnesses have supported the prosecution case. As a matter fact, victim girl has fled away with co-accused Gaurav Mahto with whom she had love affairs. This petitioner has been made accused only because he is friend

Patna High Court CR. MISC. No.6179 of 2022(3) dt.17-05-2022 2/2 of Gaurav Mahto. Petitioner is in custody since 13.05.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of kidnapping the minor daughter of informant and the victim (daughter of informant) is still traceless. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T