Diplal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16512 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.

DIPLAL MAHTO Son of Late Avtar Mahto Resident of Village - Maniyara, P.S.- Sahiyara, District - Sitamarhi 2.

Chhotki @ Shanti Devi Wife of Diplal Mahto Resident of Village - Maniyara, P.S.- Sahiyara, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sahiyara P.S. Case No.184 of 2018 registered under Sections 363 and 366A/34 of the Indian Penal Code.

The accusation is that the informant Samudri Devi had gone to Majorganj for the treatment of her son, leaving her two daughters, namely, Sulekha Kumari and Priyanka Kumari at the house. When the informant returned to her house, her daughter Sulekha Kumari was not at the house, then she made query from Priyanka Kumari about Sulekha, then she informed her that Sulekha had gone to take water at the temple. On search, she could not be traced out. Later on, the informant came to know that Sulekha was

Patna High Court CR. MISC. No.16512 of 2019(3) dt.20-06-2019 2/2 seen with her villager Radhe Mahto, the son of the petitioners, and others. Thereafter, the informant went at the house of Radhe Mahto and made query about Sulekha, then the petitioners started to abuse and commit "Maar-Peet. The informant raised suspicion that her daughter has been kidnapped for the purpose of marriage or to sell by them.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the allegation has been made against Radhe Mahto, the son of the petitioners, that he was ween with Sulekha Kumari, the daughter of the informant. On mere suspicion, the petitioners have falsely been implicated in this case. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sahiyara P.S. Case No.184 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U