Patna High CourtCR. MISC./45584/2015bail granted

Santosh Mahto v. The State Of Bihar

2015-10-06Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.45584 of 2015 (2) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45584 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -PARSA District- SARAN =====================================

1. Santosh Mahto, son of Sri Sarikhan Mahto, resident of village - Khariadih, P.S. - Sonepur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Y.C. Verma, Sr. Adv. Mr. Anuj Kumar, Adv.

For the Opposite Party/s : Mr. Shailendra Kr. Singh (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2.

06-10-2015 Heard Mr. Yogesh Chandra Verma, learned senior counsel, appearing on behalf of the petitioner, and Mr. Shailendra Kumar Singh, learned Assistant Public Prosecutor for the State.

This application for grant of regular bail arises out of Parasa P.S. Case No.105 of 2014, disclosing offences under Sections 366 and 366 A of the Indian Penal Code.

Mr. Yogesh Chandra Verma, learned senior counsel, appearing on behalf of the petitioner, submits, referring to Annexure-2 to the present application, that the petitioner and the alleged victim girl got married in a temple and the allegation of kidnapping against the

Patna High Court Cr.Misc. No.45584 of 2015 (2) dt.06-10-2015 petitioner is incorrect. He further submits that though, the said victim has narrated a different story in her statement, recorded under Section 164 of the Code of Criminal Procedure, she has not made any allegation of outraging her modesty or committing rape upon her against the petitioner.

Considering the submission made by learned senior counsel, appearing on behalf of the petitioner, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Parsa P.S. Case No.105 of 2014.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T