Patna High CourtCR. MISC./19232/2019bail granted

Brij Kishore Mahato v. The State Of Bihar

2019-04-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19232 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== BRIJ KISHORE MAHATO Son of Munna Mahato, Resident of VillageNawada Parsauni, P.S.-Uchakagaon, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366A/34 of the Indian Penal Code. The prosecution case in short is that the accused persons forcibly abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. No physical or sexual abuse is alleged against the petitioner. On recovery, the statement of the

Patna High Court CR. MISC. No.19232 of 2019(3) dt.29-04-2019 2/2 victim has been recorded under Section 164 Cr.P.C. in which she has stated that she left the house out of her own sweet will and got married with the petitioner and she is residing in the house of the petitioner. The allegations made in the F.I.R. is not supported by the victim in her statement. As per medical examination report, the victim is 19 years old. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Gopalganj in connection with Uchakagaon P.S. Case No. 293/2018.

(Sudhir Singh, J) Pankaj/- U T