Bhim Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14753 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- FALKAHA District- Katihar ====================================================== Bhim Mahto S/o Ram Khailash Mahto, R/o Village- Bari Nagar Ashram Tola, P.S.- Falka, Distt.- Katihar.

... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jawed Ahmad For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Falka P.S. Case No. 83 of 2017 registered for the offence punishable under Sections 371, 372, 373, 120B/34 of the Indian Penal Code.

Informant is the mother of victim, who in her FIR has stated that in January 2017 her neighbour Baby Devi and his son-in-law Bhim Mahto enticed her daughter Shila Devi and kidnapped her and took her to the Rajasthan and thereafter on 11.02.2017 she made a complaint to Officer-in-Charge of local police station but thereafter no action was taken by him and thereafter she filed a complaint before the Sub-divisional Police

Patna High Court Cr.Misc. No.14753 of 2018(3) dt.10-04-2018 2/3 Officer complaining about the non-action of Officer-in-Charge with respect to her complaint, upon which FIR was registered on 02.04.2017. The girl had been recovered from Rajasthan and in her statement under Section 164 of Cr.P.c. she has alleged that Baby Devi had called her and petitioner Bhim Mahto and two unknown took her to Rajasthan and sold her for Rs. 80,000/- to Ganesh Gupta and she was married to him and when she wanted to return to her house they told that they have purchased her after giving Rs. 80,000/- and she can go after paying Rs. 80,000/-.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Shila Devi had earlier married to one Bittu and she has lodged a complaint against him also and made statement that she is living in her parental house from where petitioner took her to Rajasthan. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 06.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.14753 of 2018(3) dt.10-04-2018 3/3 A.C.J.M., Katihar, in connection with Falka P.S. Case No. 83 of 2017.

(S. Kumar, J) veena/- U T