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Patna High CourtCR. MISC./16671/2023allowed

Harendra Mahto @ Gauri Mahto @ Harinder Mahto v. The State Of Bihar

2023-06-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16671 of 2023 Arising Out of PS. Case No.-268 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

HARENDRA MAHTO @ GAURI MAHTO @ HARINDER MAHTO SON OF DASAI MAHTO R/O VILLAGE- SAMBHUPUR, P.S.- SARAI, DISTRICT- VAISHALI AT HAJIPUR 2.

KISHAN KUMAR SON OF HARENDRA MAHTO @ GAURI MAHTO @ HARINDER MAHTO R/O VILLAGE-SHAMBHUPUR, P.S.- SARAI, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The instant application for regular bail has been filed by the petitioners registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Prosecution case relates to abduction of minor granddaughter of the informant by the petitioner's son. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. There is love affair between the son of the petitioners, namely, Rahul Kumar and grand daughter of the informant. Statement of the victim girl was recorded u/s 164

Patna High Court CR. MISC. No.16671 of 2023(3) dt.28-06-2023 2/2 Cr.P.C. in which she has stated that out of her own sweet will, she has performed marriage with the petitioner and went to Punjab with Rahul Kumar with him. She has not raised any finger against the petitioners for any overt act. Petitioners are the parents of the main accused. Petitioner has got no criminal antecedent and both are languishing in judicial custody since 2.12.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 268 of 2022.

(Sunil Kumar Panwar, J) sushma/- U