Krishna Nandan Mahto @ Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48056 of 2014 Arising Out of PS. Case No. -110 Year- 2014 Thana -AURAI District- MUZAFFARPUR ====================================================== KRISHNA NANDAN MAHTO @ BHOLA MAHTO S/O LATE RAMSHRESTHA MAHTO R/O VILLAGE - TALIMPUR, P.S. - MINAPUR, DISTRICT - MUZAFFARPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant along with his wife while had gone to SKMCH to see his son-in-law leaving behind the victim Chanda Kumari along with other children, was informed by his younger brother that the petitioner along with Arun rai had enticed away Chanda Kumari. Then, thereafter informant along with his villagers apprehended the petitioner from Jhapha Chowk and produced him before the police.

Contention on behalf of petitioner is that he happens to be under custody since 07.06.2014. It has also been submitted that had there been complicity of petitioner, there was no occasion for him to remain present till arrival of the prosecution party for getting himself apprehended. Apprehension of petitioner is

Patna High Court Cr.Misc. No.48056 of 2014 (2) dt.03-03-2015 suggestive of the fact that he has got no hand in between. Furthermore, submitted that charge sheet had already been submitted.

On the other hand, the learned Additional Public Prosecutor opposed the prayer.

Taking into account the mode of allegation, in consonance with the period of detention, petitioner Krishna Nandan Mahto @ Bhola Mahto 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, Muzaffarpur in connection with Aurai P.S. Case No.110 of 2014.

(Aditya Kumar Trivedi, J.) PN/- U T