Rakesh Mahto @ Chhedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13491 of 2016 Arising Out of PS.Case No. -174 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Rakesh Mahto @ Chhedi, son of Uday Mahto, resident of Vilage- Hathisar, P.S.- Puranhi, Distt.- Sivhar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Ram Rai, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-04-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 363 and 366A/34 of the Indian Penal Code.

Though, the petitioner, besides one another, is named in the first information report vide Annexure-1 as an accused, but taking into consideration the fact that the alleged victim girl Bibha Kumari has been recovered and her statement under Section 164 Cr.P.C. has been recorded by learned SDJM, Sitamarhi, which has been brought on record as Annexure-2, wherein she claimed to be major aged 21 years and she has given a complete go-bye to the prosecution version, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S.Case No. 174

Patna High Court Cr.Misc. No.13491 of 2016 (2) dt.08-04-2016 2/2 of 2015, subject to conditions laid down under Section 438 (2) of the Cr.P.C.

(Birendra Prasad Verma, J) Tahir/- U T