Akhilesh Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11484 of 2017 Arising Out of PS.Case No. -390 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Akhilesh Mahto, Son ofChandrika Mahto
2. Chandrika Mahto, Son of Late Yodha Mahato Both are Resident of Village-Beladih, P.S.-Turkauliya, District-East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Chathu Mahto, son of late Suba Mahto, resident of village Beladih, P.S. Banjariya, Distt. East Champaran, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in Turkauliya (Banjariya) P.S. Case No. 390 of 2016 instituted for the offence under Sections 476, 313, 315, 120(B)/34 of the Indian Penal Code and Sections 4/6 of POCSO Act.
There is allegation that petitioner No. 1 developed illicit relationship with the daughter of the informant, on account of which, she became pregnant and later on, he declined to perform marriage with her. Petitioner No. 2 is father of petitioner No. 1.
Patna High Court Cr.Misc. No.11484 of 2017 (3) dt.09-05-2017 2/2 Learned counsel for the petitioners has submitted that marriage of petitioner No. 1 with the daughter of informant was performed on 19.9.2016. In support of the aforesaid statement, the petitioner enclosed Annexure-2 which is certificate issued from Sri Someshwar Nath Mahadev Mandir and Areraj Math Naya Samiti. It has further been submitted that compromise petition has also been filed in the court below and a copy of whereof is enclosed as Annexure-3.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 390 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioners.
(Sanjay Priya, J) S.Ali/- U T