Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24380 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -AMNAUR District- SARAN ======================================================

1. Dilip Mahto, son of Binod Mahto, Resident of Village- Dharhara, P.S.- Amnour, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366A and 120B/34 of the Indian Penal Code.

The FIR relates to kidnapping of the daughter of the informant.

Submission of the learned counsel for the petitioner is that though the victim has supported the allegation of commission of rape against the named accused persons, however, Annexure-2 would reveal that on 10.04.2017, she solemnized marriage with co-accused Shyam Nandan Rai in a temple and she also sworn an affidavit on 10.04.2017 itself in support of solemnization of marriage with the said accused. Thereafter under

Patna High Court Cr.Misc. No.24380 of 2018 (2) dt.27-04-2018 2/2 pressure of the parents, she gave her statement under Section 164 Cr.P.C. on 13th February, 2018 wherein also she had admitted her marriage with the co-accused, though by force. Considering the entire facts of this case, especially, general and omnibus nature of allegation and factum of marriage of the victim with co-accused Shyam Nandan Rai, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amnour Police Station Case No. 01 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T